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NY 865124

August 12, 1991

CLA-2-62:S:N:N3-I:355 865124

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6211.11.2010; 6211.11.2020

Mr. Ezra B. Hidary
M. Hidary & Company, Inc.
10 West 33rd Street
Suite 516
New York, NY 10001

RE: The tariff classification of men's and boy's woven swimsuits from the People's Republic of China.

Dear Mr. Hidary:

In your letter dated July 8, 1991, you requested a tariff classification ruling.

The submitted sample, Style No. 6209, is a swimsuit with a shell constructed from 100 percent cotton twill, woven fabric. The garment, which is sized for men, has a 100 percent nylon, tricot supporter; a waistband with an elasticized back half and an inside drawstring; a fly secured by a press-closure and a button at the waist; an inside change pocket at the waist; two inset front pockets with welt openings; and an inset back pocket with a welt opening and a button closure. The sample also has eight belt loops with ornamental buttoned tabs extending below the bottom of the waistband.

On your sample, you indicate that the elasticized portion of the waistband will be extended to within two inches from the waistband opening on each side. This alteration will not affect the classification, textile category, quota or visa determinations from the information indicated below.

The applicable subheading for this sample will be 6211.11.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: track suits, ski-suits and swimwear; other garments: swimwear: men's or boys': other: of cotton: men's. The duty rate will be 8 percent ad valorem.

In boys' sizes, the applicable subheading will be 6211.11.2020, HTS, which provides for: track suits, ski-suits and swimwear; other garments: swimwear: men's or boys': other: of cotton: boys'. The duty rate will be 8 percent ad valorem.

The garment, in both men's and boys' sizes, falls within textile category designation 359. Based upon international textile trade agreements, products of the People's Republic of China are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are sub- ject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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