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NY C85586




April 3, 1998

CLA-2-62:RR:NC:3:TA:355 C85586

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.8010; 6211.11.1010

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of men's swim trunks from Hong Kong and China.

Dear Mr. Evan:

In your letter dated March 18, 1998, on behalf of Phat Fashions, LLC, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted samples and/or specifications for the following styles: style 854507, is a pair of men's woven swimming trunks of 100% cotton woven fabric. The garment features an enclosed elasticized waistband with a functional drawstring, a nylon mesh liner, a exterior flapped pocket at the bottom of the leg upon which is printed the words "Phat Farm" and the company's (PF)logo and hemmed leg openings.

Style 854504, is a pair of men's swimming trunks of 100% nylon woven fabric. The garment features an enclosed elasticized waistband with a drawstring, a nylon mesh liner, a six inch wide sewn on panel in a contrasting color two inches below the waistband and extending down the leg to the hemmed leg openings. The sewn in panel has the words "Phat Farm " at intervals.

Style 854505, is a pair of men's swimming trunks of 100% nylon woven fabric. The garment features an enclosed elasticized waistband with a drawstring, a nylon mesh liner, two rear pockets secured by hook and loop closures and hemmed leg openings.

The applicable subheading for style 854507 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: other, of cotton: men's. The duty rate will be 7.8 percent ad valorem.

The applicable subheading for styles 854504 and 854505 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 28.9 percent ad valorem.

Style 854507 falls within textile category designation 359. Styles 854504 and 854505 fall within textile category designation 659. Based upon international textile trade agreements products of Hong Kong and China 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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