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NY G86083

January 10, 2001

CLA-2-62:RR:NC:WA:355 G86083


TARIFF NO.: 6203.43.4030

Ms. Donna Conway
HB&L, Inc.
500 Bi County Road
Farmingdale, NY 11735

RE: The tariff classification of men’s shorts from Hong Kong and China

Dear Ms. Conway:

In your letter dated January 3, 2001, you requested a classification ruling on behalf of Ermengildo Zegna.

Two samples of garments were submitted and will be returned. Your letter gave no information on these samples. We rely solely on the tagged information attached to each garment. Both garments appear to have the same style number SZ139, MOD 374. Both appear to be identical in construction with the exception of the liners and pocket lining fabric. The tag on the pair of red shorts states that the garment is made of microfiber, polyester, is waterproof and suitable for all leisure sport. One garment is red in color, the other is orange. Both garments feature elasticized waistbands with full around elasticized cords which fasten by means of a barrel clip. They each have two side slash pockets which are zippered and lined with the same fabric as the interior liner of each garment. Each also features a right front zippered pocket partially lined with the same liner material. Each garment has a back patch pocket which is held closed by virtue of hook and loop fastener tape and each pocket features grommets for drainage. The liner of the orange style is an openwork knit mesh fabric. The liner of the red garment is a mesh type knit fabric, but is not open work fabric.

The applicable subheading for both pairs of shorts will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, other, shorts, men’s. The duty rate will be 28.4 percent ad valorem.

Both garments fall within textile category designation 647. Based upon international textile trade agreements products of both China and Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Camille Ferraro at 212-637-7082.


Robert B. Swierupski

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