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NY J87126

August 20, 2003

CLA-2-62:RR:NC:WA:355 J87126


TARIFF NO.: 6203.43.4030

Mr. Kuniko Nickel
ClearFreight, Inc.
880 Apollo St., Suite 101
El Segundo, CA 90245

RE: The tariff classification of men’s board shorts from Bangladesh, India or Taiwan

Dear Mr. Nickel:

In your letter dated August 8, 2003, you requested a classification ruling on behalf of J Y Rays, Inc.

A sample of men’s board shorts was submitted and will be returned as you have requested. You stated in your letter that these shorts would be used for surfing and swimming. No further information or documentation to that effect was submitted. The tag on the garment identifies it as style R41601. The garment is stated to be made of a 100% nylon woven fabric. The non-elastic waistband is secured at the front with hook and loop fabric tape. This same tape also forms the serves to secure the front fly closed. There are two tabs with grommets through which a short cord is laced at the front of the waistband. These tabs are adjacent to either side of the fly opening. The garment also features two side seam cargo pockets with flaps and a back patch pocket. All three pockets have grommet holes to provide drainage. The garment does not have a inner liner.

The applicable subheading for the board shorts will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: shorts: men’s. The duty rate will be 28.1% ad valorem.

Style R41601 falls within textile category designation 647. Based upon international textile trade agreements products of Bangladesh, India and Taiwan 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.


Robert B. Swierupski

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