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NY B89816




October 22, 1997

CLA-2-62:RR:NC:3:TA:355 B89816

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030; 6211.11.1010

Mr. Jay Fox
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

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

Dear Mr. Fox:

In your letter dated September 9, 1997, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Style 005-3294 (also imported as style 005-3232) is a 100% nylon men's woven pair of shorts with a polyester mesh liner. The garment features an elasticized waistband, an internal drawstring, belt loops, the front belt loop has an attached D-ring, a belt, two front partially mesh lined deep pockets with hook and loop closures, the right side has a small coin pouch and the left side has a flapped cargo pocket at the bottom that is secured with a hook and loop closure and a hemmed bottom.

Your submitted sample, style 005-3291, is a pair of men's two tone 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.

The applicable subheading for style 005-3294 (005-3232) will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: shorts: mens. The duty rate will be 29.2 percent ad valorem.

The applicable subheading for style 005-3291 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.

Style 005-3294 (005-3232) falls within textile category designation 647. Based upon international textile trade agreements products of Bangladesh are subject to visa requirements and quota restraints. Style 005-3291 falls 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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