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NY E86391




September 16, 1999

CLA-2-62:A:P: G34 E86391

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1020

Krista L. Olsson
V. Alexander & Co., Inc.
15 Century Blvd., Suite 400
Nashville, TN 37214-3650

RE: The tariff classification of boys’ swim trunks from Malaysia

Dear Ms. Olsson:

In your letter dated August 23, 1999 you requested a tariff classification ruling for Oshkosh B’Gosh Inc.

The submitted samples, representing style number, B3303A, for lot # 398-9074 and lot # 398-4014, are boys’ swim trunks made of 100 percent nylon fabric. Both swim trunks feature an enclosed elasticized waistband with a functional drawstring, an inside liner of 100 percent polyester mesh fabric with elasticized leg openings, two strips of contrasting fabric measuring seven-eighths of an inch wide sewn parallel to each side seam in front and in back, a flap pocket secured with a Velcro closure on the lower right side, and a hem of contrasting fabric measuring five-eighths of an inch stitched to the leg openings. For added detail, all seams are topstitched with contrasting thread. Both garments are specifically designed and constructed for swimming. Style number, B3303A, for lot # 398-9074 will be imported in boys’ sizes, 2T to 4T, and has a small embroidered OSHKOSH logo near the hem of the left side. Style number, B3303A, for lot # 398-4014, which has additional features of two side-seam pockets and a small embroidered GENUINE BLUES logo near the hem of the left side, will be imported in boys’ sizes, 8 to 16.

The applicable subheading for the swim trunks will be 6211.11.1020, 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, boys’. The rate of duty will be 28.7 percent ad valorem.

The swim trunks fall within textile category designation 659. Based upon international textile trade agreements, the swim trunks from Malaysia are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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.

Sincerely,

Anita Terry-McDonald
Port Director

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