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NY L80777





December 2, 2004

CLA-2-62:RR:NC:TA:N3:356 L80777

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.49.8060

Ms. Joanna Huang
American Public Co., Inc.
485 Seventh Avenue, Suite 800
New York, NY 10018

RE: The tariff classification of men’s woven shorts from China.

Dear Ms. Huang:

In your letter dated November 12, 2004, you requested a tariff classification ruling. As requested, your samples will be returned.

Style CRQ68OJ is a pair of men’s shorts constructed from 55 percent ramie, 45 percent cotton, twill woven fabric. The shorts have a flat waistband with six belt loops; a fly front opening with a zipper closure and a button at the waistband; quarter pockets at each side; two narrow patch pockets with flaps and hook and loop closures on the right leg; a zippered pocket and a narrow vertical pocket with a flap and a hook and loop closure on the left leg; two rear patch pockets with flaps and hook and loop closures; and hemmed legs. The shorts also have a woven textile belt with a double buckle closure.

Style CRQ68OK is a pair of men’s shorts constructed from 55 percent ramie, 45 percent cotton, woven twill fabric. The shorts have a flat waistband with five belt loops; a fly front opening with a zipper closure and a button at the waistband; quarter pockets at each side; a large cargo pocket with a flap and a hook and loop closure on each leg; two rear patch pockets with flaps and hook and loop closures; and hemmed legs. The shorts also have a woven textile belt with a double buckle closure.

The shorts and the belts are sold together at retail as a unit. They are adapted to each other, are mutually complementary and together form a whole that would not normally be offered for sale in separate parts. As such, they meet the definition of a composite good found in the Explanatory Notes to the General Rules of Interpretation, 3(b). The shorts impart the essential character to Styles CRQ68OJ and CRQ68OK.

The applicable subheading for Styles CRQ68OJ and CRQ68OK will be 6203.49.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’shorts: of other textile materials: other: other. The duty rate is 2.8% ad valorem.

Styles CRQ68OJ and CRQ68OK fall within textile category designation 847. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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