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NY 807466




March 6, 1995

Ms. Rebecca Cheung
Macy Product Development
Eleven Penn Plaza
New York, New York, NY 10001

RE: The tariff classification of an infant's and toddler's swim trunks from Hong Kong.

Dear Ms. Cheung:

In your letter dated February 24, 1995, you requested a classification ruling.

The submitted samples, Styles 9874 (Infant boys') and 29874 (Toddler boys'), are woven swim trunks. The garments are nylon and feature an elasticized waist, a non-functional fly front, two side slash pockets, one rear buttoned patch pocket, a cotton mesh lining, and hemmed leg openings.

You state in your letter that Style 9874 will be imported in infant sizes up to 24 months, and Style 29874 will be imported in toddler sizes 2T-4T.

The applicable subheading for the swim trunks, Style 9874, will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, of synthetic fibers, other, other, other. The duty rate will be 16.9% ad valorem.

The swim trunks, Style 9874 fall within textile category designation 239. Based upon international textile trade agreements, products of Hong Kong are presently subject to visa requirements.

The applicable subheading for the swim trunks, Style 29874, will be 6211.11.1020, Harmonized Tariff Schedule of the United States (HAS), 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 29.4% ad valorem.

The swim trunks, Style 29874 fall within textile category designation 659. Based upon international textile trade agreements, products of Hong Kong are presently subject to visa requirements.

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 subject 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 provision of Section 177 of the Customs Regulations (10 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 been filed without a copy, 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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