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NY B89095




October 23, 1997

CLA-2-62:RR:NC:3:TA:355 B89095

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1010; 6211.11.8010

Ms. Kathy Redey
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of men's swim trunks from Macau and Taiwan.

Dear Ms. Redey:

In your letter dated August 29, 1997, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted five samples. Style 005-3286, is a pair of men's swimming trunks of 100% nylon woven fabric. The garment features an enclosed elasticized waistband with a drawstring, a polyester mesh liner, two side slash partially mesh lined pockets, the right side has a small coin pouch, a back zippered pocket and hemmed leg openings with side vents.

Style 005-3292, is a pair of men's swimming trunks of 100% nylon woven fabric. The garment features an enclosed elasticized waistband with a drawstring, a polyester mesh liner, two side slash partially mesh lined pockets with hook and loop closures, the right side has a "D"-ring below the pocket and a small internal coin pouch, the left has a side flapped pocket on the bottom of the leg and hemmed leg openings.

Style 005-3289, is a pair of men's swimming trunks of 70% cotton and 30% nylon woven fabric. The garment features an enclosed elasticized waistband with a drawstring, a polyester mesh liner, two side slash partially mesh lined pockets, the right side has a small coin pouch, the left side has two overlaid stripes sewn horizontally on the leg, the words "Eddie Bauer" are embroidered between the stripes, a back flapped buttoned pocket with a grommet and hemmed leg openings with side vents.

Style 005-3272, is a pair of men's swimming trunks of 70% cotton and 30% nylon woven fabric. The garment features an enclosed elasticized waistband with a drawstring, a polyester mesh liner, two side slash partially mesh lined pockets, the right side has a small coin pouch, two overlaid stripes sewn horizontally on the middle of the garment, the words "Eddie Bauer" are embroidered between the stripes on the rear and hemmed leg openings with side vents.

Style 005-3288, is a pair of plaid men's swimming trunks of 100% cotton woven fabric. The garment features an enclosed elasticized waistband with a drawstring, a polyester mesh liner, two side slash partially mesh lined pockets, the right side has a small coin pouch, a back zippered pocket and hemmed leg openings with side vents.

The applicable subheading for styles 005-3286 and 005-3292 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 29.1 percent ad valorem.

The applicable subheading for styles 005-3289, 005-3272 and 005-3288 will be 6211.11.8010, 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 other, of cotton: men's. The duty rate will be 7.8 percent ad valorem.

Styles 005-3289, 005-3272 and 005-3288 fall within textile category designation 359. Based upon international textile trade agreements products of Taiwan are subject to visa requirements and quota restraints. Products of Macau are subject to visa requirements. Styles 005-3286 and 005-3292 fall within textile category designation 659. Based upon international textile trade agreements products of Taiwan are subject to visa requirements and quota restraints.

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. 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 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 Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director National Commodity

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