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NY J89573

October 31, 2003

CLA-2-61:RR:NC:WA:361 NY J89573


TARIFF NO.: 6104.63.2030

Ms. Susan Shibish
Weekenders International
75 Frontenac Drive
Markham, ON, Canada L3R 6H2

RE: The tariff classification of two pairs of women’s knit shorts from Canada.

Dear Ms. Shibish:

In your letter dated October 1, 2003, on behalf of your client Weekenders USA, Inc., you requested a tariff classification ruling for two pairs of women’s knit shorts

The submitted samples are described as follows:

Style #421/422 - a pair of women’s shorts constructed from 50% polyester, and 50% cotton knit fabric. The garment features an elasticized waistband with a drawstring, and hemmed leg openings.

Style #417/418 - a pair of women’s shorts constructed from 50% polyester, 44% cotton, and 6% spandex knit fabric. The garment features an elasticized waistband, two front pockets, and hemmed leg openings.

You have indicated in your letter that the fabric of Style #421/422 is a blend of 50% polyester/50% cotton. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

We are returning your samples as you requested.

The applicable subheading for Styles 421/422 & 417/418 will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, shorts, women’s. The rate of duty will be 28.4% ad valorem.

Styles 421/422 & 417/418 fall within textile category designation 648. Based upon international textile trade agreements this category from Canada is not subject to quota restraints or 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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