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NY I81684




June 14, 2002

CLA-2-61:RR:NC:WA:361 I81684

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2030

Ms. Alice Liu
Atico
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a pair of women’s knit shorts from Thailand.

Dear Ms. Liu:

In your letter dated, May 10, 2002, you requested a classification ruling.

The submitted sample, Style #B62A3189, is a pair of women’s 60% cotton, 40% polyester knit shorts. The pull-on shorts feature an elasticized waistband, a front fly opening with a button closure and short hemmed leg openings.

As noted above, the shorts have a left over right closure. Chapter 62, note 8 states, in part:

Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

As this garment has a left over right closure, the presumption is that the garment will be for men. However, it is clear based on the cut of the garment that it was designed for women. Therefore, the shorts will be classified as a woman’s garment.

We are returning your sample as you requested.

The applicable subheading for the shorts, Style #B62A3189 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, other, shorts, other. The duty rate will be 15.3 % ad valorem. The shorts, Style #B62A3189, fall within textile category designation 348. Based upon international textile trade agreements this category from Thailand is subject to the quota restraints and visa requirements.

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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director,

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