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NY E84839




August 12, 1999

CLA-2-62:RR:NC:TA:3:358 E84839

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040

Ms. Krista L. Olsson
V. Alexander & Co., Inc.
P.O. Box 291929
Nashville, TN 37229-1929

RE: The tariff classification of a pair of infant boy’s swim trunks from Malaysia.

Dear Ms. Olsson:

In your letter dated July 9, 1999 you requested a tariff classification ruling.

The submitted sample, Style #M0358A, is a pair of infant boy’s swim trunks. The garment is constructed of 100% nylon woven fabric and features an elasticized drawstring waist, and a right side patch pocket with a Velcro™ -type closure. The garment also has a lightweight textile lining, an embroidered patch with the word “Osh Kosh™ ” on the left front panel, and hemmed leg openings.

Your letter did not state the size(s) that the garment will be imported. We assume, for the purposes of classification, that the swim trunks will be imported for infant boys in sizes 12-24 months.

We are returning your sample as you requested.

The applicable subheading for the swim trunks, Style #M0358A, will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies garments and clothing accessories, of synthetic fibers, other, other, other. The duty rate will be 16.5% ad valorem.

The swim trunks falls within textile category designation 239. Based upon textile trade agreements, products of Malaysia are presently not subject to visa requirements or 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 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 at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV.

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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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