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NY N002902

December 5, 2006



TARIFF NO.: 6203.43.4030

Mr. Sam Pontieri
Alpha International, LP
510 Thornall Street, Suite 390
Edison, NJ 08837

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

Dear Mr. Pontieri:

In your letter dated October 30, 2006, you requested a tariff classification ruling on behalf of Directions Studio, LLC. As requested, your sample will be returned.

The submitted sample, Style 10-4021-P6, is a pair of men’s shorts constructed from 100% nylon woven fabric. Style 10-4021-P6 has a tunnel elastic waistband with an outer drawstring; a fly front opening with a hook and loop closure; a 100% polyester, full mesh lining that extends from the waist to the end of the leg opening; side seam pockets on the front panels with mesh knit pocket bags; cargo pockets on the front panels with two drainage holes and a flap with a hook and loop closure; a rear right patch pocket with two drainage holes and a flap with a hook and loop closure; and hemmed leg openings with drawstring closures. There is an embroidered logo on the flap of the left front cargo pocket.

Style 10-4021P6 is described as “water repellent” and has a full mesh lining. It does not have a support liner. The item is a short, not swimwear. Consequently, the applicable subheading for the shorts will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and boys’ trousers, . . . and shorts (other than swimwear): of synthetic fibers: other: other: other: other: shorts: men’s. The rate of duty is 27.9% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 190406 falls within textile category 647. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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