CLA-2-62:RR:NC:WA:355 F89380
Ms. Kathryn Smith
NIKE, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453
RE: The tariff classification of men’s shorts and swim shorts from Taiwan, Thailand, Indonesia and Sri Lanka
Dear Ms. Smith:
In your letter dated July 10, 2000, you requested a classification ruling.
You have submitted eight styles of men’s shorts and swim shorts, which will be returned. In future, we request that you limit your request to no more than five (5) such items in one request.
Style 167855 is described as a men’s “SDS Short”. It is constructed of a shell made of 62 percent cotton, 38 percent polyester woven fabric, and has a liner made of 100 percent polyester knit mesh. The pull on shorts feature a fully elasticized waistband through which is threaded an elasticized belt measuring approximately .75 inches in width and which fastens with a buckle. The shorts also feature two side slash pockets, one back pocket which fastens with Velcro, and two front panel pockets which close by means of zippers. All of the pockets are lined with the same fabric as the outer shell of the shorts. The country of origin is Indonesia.
Style 166580 is described as a men’s “Speed Short”. It is constructed of a shell made of 100 percent woven nylon fabric, and has a liner made of 100 percent polyester knit mesh. The pull on shorts feature a fully elasticized waistband through which a fully functional drawstring is threaded. The shorts feature two side slash pockets which have a portion of the lining made of knit mesh, and a back patch pocket which has the nylon fabric as its interior and which fastens with a Velcro tab. The country of origin is Thailand.
Style 166650 is described as a men’s “Light Cargo Short”. It is constructed of a shell made of 100 percent woven nylon fabric and has a liner made of 100 percent polyester knit mesh. The pull on shorts feature a fully elasticized waistband with a fully operational drawstring, two side slash pockets which are partially lined with mesh fabric and a front cargo pocket, made of and lined with the same fabric as that of the shell. This pocket has one extremely tiny grommet in the lower right front corner of the pocket, ostensibly for drainage. The country of origin is Taiwan.
Style 421852 is described as a boys’ “Comin’ & Goin’ Short”. It is constructed of a shell made of 100 percent woven nylon fabric and has a liner made of 100 percent polyester knit mesh. The pull on shorts have a fully elasticized waistband though which a shoelace type tape measuring .25 inches in width is threaded. This drawtape is fully functional. The shorts feature two side seam pockets and one back pocket with a flap, and which closes by means of a Velcro tab. All three of the pockets are lined with the same fabric as that of the shell. The country of origin is Taiwan.
Style 166651 is described as a men’s “Fast Striped Short”. It is constructed of a shell made of 100 percent nylon and has a liner made of 100 percent polyester knit mesh. The pull on swim shorts feature a fully elasticized waistband through which a fully functional drawstring is threaded, and two side slash pockets which are partially lined with the knit mesh liner fabric. The country of origin is Taiwan.
Style 166688 is described as a men’s “HVA Short”. It is constructed of a shell made of 100 percent woven nylon fabric and has a liner made of 100 percent polyester knit mesh. The pull on swim shorts feature a fully elasticized waistband through which a fully functional drawstring is threaded. The swim shorts have two side slash pockets, one back flapped pocket with a Velcro closure and one front panel cargo pocket with one small grommet for drainage. With the exception of the cargo pocket, the pockets are partially lined with mesh fabric for drainage. The country of origin is Thailand.
Style 421886 is described as a boys’ “Backboard Short”. It is constructed of 100 percent nylon woven fabric and has a liner of 100 percent polyester knit mesh. The pull on swim shorts feature a fully elasticized waistband through which a fully functional drawstring is threaded. There are two side seam pockets which are lined with the mesh fabric. The country of origin is Sri Lanka.
Style 421876 is described as a boys’ “Over It Already Short”. It is constructed of 100 percent nylon woven fabric and has a 100 percent polyester knit mesh liner. The pull on swim shorts feature a fully elasticized waistband through which a drawstring is threaded. It also has two side slash pockets which are lined with mesh fabric. The country of origin is Sri Lanka.
The applicable subheading for style 167855 will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, shorts, men’s. The duty rate will be 17 percent ad valorem.
The applicable subheading for styles 166580 and 166650 will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, other, shorts, men’s. The duty rate will be 28.6 percent ad valorem.
The applicable subheading for style 421852 will be 6203.43.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, other, shorts, boys’. The duty rate will be 28.6 percent ad valorem.
The applicable subheading for styles 166651 and 166688 will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments; swimwear, men’s or boys’, of man-made fibers, men’s. The duty rate will be 28.5 percent ad valorem.
The applicable subheading for styles 421886 and 421876 will be 6211.11.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments; swimwear, men’s or boys’, of man-made fibers, boys’. The duty rate will be 28.5 percent ad valorem.
Style 167855 falls within textile category designation 347. Styles 166580, 166650, and 421852 fall within textile category designation 647. Styles 166651, 166688, 421886, and 421876 fall within textile category designation 659. Based upon international textile trade agreements products of Thailand, Taiwan, Indonesia and Sri Lanka 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