The tariff classification of men’s shorts from Hong Kong

NY H80559 May 15, 2001 CLA-2-62:RR:NC:WA:355 H80559 CATEGORY: Classification TARIFF NO.: 6203.42.4050 Ms. Dana Mobley J.C. Penney Purchasing Corporation P.O. Box 10001 Dallas, TX 75301-0001 RE: The tariff classification of men’s shorts from Hong Kong Dear Ms. Mobley: In your letter dated May 2, 2001, you requested a classification ruling. You submitted a sample of the garment identified as style M35162451. In a subsequent telephone conversation you stated that the submitted sample is a prototype of the garment and is missing the back pocket. In all other aspects the garment is identical to that which is intended to be imported. The garment, whose shell is made of 70 percent cotton and 30 percent nylon woven fabric, features a knit mesh liner, an elasticized waist, a full around draw cord with a barrel type clasp, two side seam pockets, and two side cargo pockets. The imported garment will also have a back pocket, which will fasten shut by means of hook and loop fabric tape. The side seam pockets have a very insignificant portion of the pocket liner made of mesh fabric and the two cargo pockets have very small holes at the bottom of the pocket. None of the pockets drain easily. The barrel clasp on the draw cord does not hold the cord secure if pressure is applied to loosen the waistband. The sample will be returned as you have requested. The applicable subheading for style M35162452 will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for Men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, shorts. The duty rate will be 16.9 percent ad valorem. Style M35162452 falls within textile category designation 347. Based upon international textile trade agreements products of Hong Kong are 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 Camille Ferraro at 212-637-7082. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division