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NY N006298

February 12, 2007



TARIFF NO.: 6204.63.3532

Ms. Lisa York
Target Customs Brokers Inc.
33 South Sixth Street Mail Stop-3315
Minneapolis, Minnesota 55402

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

Dear Ms. York:

In your letter dated January 26, 2007, you requested a classification ruling for women’s shorts. The garments will be returned, as requested.

Style 206764 is a pair of women’s abbreviated shorts constructed from 65 percent nylon, 35 percent cotton woven fabric. The shorts have a wide elasticized waistband with a draw cord, and capped legs.

You have referred to the submitted garment as sleep shorts. In addition, you have provided some merchandising information supporting that claim. However, based on the garment’s appearance, it is clearly capable of being worn as non-intimate apparel. In addition, advertising of similar garments, including descriptions on the web site, indicates multiple uses. As such, the garment will not be classified as sleepwear in heading 6208.

The applicable subheading for the three garments will be 6204.63.3532, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s shorts:Of synthetic fibers. The duty rate will be 28.6% 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 648. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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