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NY I85950




September 13, 2002

CLA-2-62:RR:NC:WA:355 I85950

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030; 6211.11.1010

Ms. Amanda Wilson
Dillard’s, Inc.
1600 Cantrell
Little Rock, AK 72201

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

Dear Ms. Wilson:

In your letter dated September 9, 2002, you requested a classification ruling.

You submitted two samples of garments identified as styles S35MX302 and S35MX402. they will be returned as you have requested.

Style S35MX 402 has an outer garment shell made of 100 percent nylon woven fabric. It has an interior knit mesh liner, two side seam pockets partially lined with mesh fabric, a back patch pocket with mesh fabric forming part of the pocket front and a flap on the back pocket. The garment has a fly front which is fastened secure by means of hook and loop fabric tape. The waistband fastens at the front also by means of hook and loop fabric tape. The waistband is partially elasticized (in the back portion), and has an interior cord which is inserted the entire length of the waistband. It emerges in the front at two spots more than six inches distant from each other and then is threaded through the front to form a four grommet lace-up tie.

Style S35MX302 has an outer garment shell of 100 percent nylon woven fabric. The garment features an interior knit mesh liner, two front pockets with mesh fabric forming the pocket material, a back pocket with a grommet for drainage, a fully elasticized waistband and a fully functional interior drawcord.

Both styles are imported with matching fabric drawstring storage pouches. The pouches measure approximately 7 by 9 inches and have a pleated bottom to afford storage space for the garment. These pouches are tacked to the garments and are sold at retail with the garments. The are not offered for separate retail sale, You do not purchase them separately from the garments and they do not carry their own unique inventory or style number. They are being treated as composite goods.

The applicable subheading for style S35MX402 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, shorts, men’s. The duty rate will be 28.3 percent ad valorem.

The applicable subheading for style S35MX302 will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments, swimwear, men’s or boys’, of man-made fibers, men’s. The duty rate will be 28.2 percent ad valorem.

Style S35MX402 falls within textile category designation 647. Style S35MX302 falls within textile category designation 659. Based upon international textile trade agreements products of China 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 R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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