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NY E89719




December 6, 1999

CLA-2-62:RR:NC:WA:355 E89719

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1010; 6203.43.4030

Mr. Jeffrey Walton
Sears, Roebuck and Co.
3333 Beverly Road, BC-174-A
Hoffman Estates, IL 60179

RE: The tariff classification of men’s swimsuits and shorts from China and Philippines.

Dear Mr. Walton:

In your letter dated November 9, 1999, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Style 44345 is a man’s 100% nylon woven swim suit. The garment features an enclosed elasticized waist, adjustable interior drawstring, 100% polyester mesh liner, belt loops, a fabric belt with a plastic buckle, a plastic D-ring on the right side of the waistband, an interior mesh coin pocket, side slash inserted mesh pockets, front cargo pockets with a hook and loop closure, two back slant pockets with zipper closures and hemmed bottoms. The garment doesn’t have a fly opening.

Style 44432 is a man’s 100% nylon woven shorts. The submitted sample, style 152278, is a pair of men’s woven shorts. The shorts feature a 100% nylon shell, a 100% polyester liner, an partially elasticized waistband with an adjustable drawstring, side slash pockets, flapped cargo pockets with hook and loop closures and hemmed bottoms.

The applicable subheading for style 44345 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 28.7 percent ad valorem. The duty rate for 2000 will be 28.5 percent ad valorem.

The applicable subheading for style 44432 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 (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: shorts: men’s. The duty rate will be 28.8 percent ad valorem. The duty rate for 2000 will be 28.6 percent ad valorem.

Style 44345 falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Style 44432 falls within textile category designation 647. Based upon international textile trade agreements products of the Philippines 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.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. If you have any questions regarding the ruling, contact National Import Specialist Gerard Shea at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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