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NY L80388

November 1, 2004

CLA-2-62:RR:NC:TA:358 L80388


TARIFF NO.: 6203.43.4040

Maureen D. Hannah
Atlantic Customs Brokers, Inc.
1975 Linden Blvd.
Elmont, NY 11003

RE: The tariff classification of shorts for boys’ wear from Malaysia

Dear Ms. Hannah:

In your letter, written on behalf of Mulberribush Inc., that was received by U.S. Customs on October 26, 2004, you requested a classification ruling.

Submitted style 9424, manufactured from woven fabric of 100% polyester, is an unlined, short-legged garment, elasticized at the back of the waistband, and slightly adjustable at the front by means of a drawstring threaded through metal grommets on textile tabs.

The applicable subheading for this garment will be 6203.43.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for boys’shorts (other than swimwear)of synthetic fibers, other, other, other, other, shorts, boys’, other. The duty rate will be 27.9 percent ad valorem.

The shorts fall within textile category designation 647. Based upon international textile trade agreements products of Malaysia may be 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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