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NY N004202

December 21, 2006



TARIFF NO.: 6204.62.4056

Ms. Gayle E. Williams, Cost Import Analyst Sears Holding Corp.
Dept 733MP – A3-366B
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of women’s shorts from Cambodia.

Dear Ms. Williams:

In your letter dated December 4, 2006, you requested a classification ruling for three pair of women’s shorts. The garments will be returned, as requested.

The three submitted styles are constructed from 100 percent cotton woven fabric. Style JBS72739018 has a 1-½ inch elasticized waistband, covered on the outer surface, a fake fly with three buttons, and hemmed legs with 1-inch side slits. Style JBU72736023 has a 1 inch covered elasticized waistband and legs finished with overlock stitching. Style JBS72739017 has a 1 ½ inch elasticized waistband covered on the outer surface, a fake fly with three buttons, and hemmed legs with 1 inch side slits.

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 persuasive information as to the manner in which they are marketed and sold, these garments will not be classified as sleepwear in heading 6208.

The applicable subheading for the three garments will be 6204.62.4056, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s shorts:Of cotton. The duty rate will be 16.6% 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/.

The three garments fall within textile category 348. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Angela DeGaetano at 646-733-3052.


Robert B. Swierupski

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