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NY J89355

October 24, 2003

CLA-2-61:RR:NC:WA:361 NY J89355


TARIFF NO.: 6104.62.2030

Ms. Betty Coats
Kmart Corporation
Resource Center
3100 West Big Beaver Road

RE: The tariff classification of a pair of women’s shorts from Hong Kong.

Dear Ms. Coats:

In your letter dated September 22, 2003, you requested a classification ruling.

The submitted sample, Style #953058, is a pair of women’s shorts constructed from 100% cotton jersey knit fabric. The pull-on shorts feature an elasticized waistband, a screen-printed design on the front panel, and hemmed leg openings.

You have referred to these garments as sleepwear, however, based on appearance, they seem to be capable of multiple uses. As such, and in the absence of information as to the manner in which they are marketed and sold, these garments will not be classified as sleepwear in heading 6108.

We are returning your sample as you requested.

The applicable subheading for the shorts, Style #953058 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s shorts, knitted or crocheted:Of cotton, shorts, women’s. The duty rate will be 15.1% ad valorem.

The shorts, Style #953058, fall within textile category designation 348. Based upon international textile trade agreements, this category from Hong Kong is subject to 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 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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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