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NY F81016





January 6, 2000

CLA-2-62:RR:NC:TA: 355 F81016

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030; 6211.11.1010

Ms. Rita Pitts
Dillard’s
1600 Cantrell Road
Little Rock, AR 72201

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

Dear Ms. Pitts:

In your letter dated December 8, 1999, you requested a classification ruling.

You submitted two styles of men’s apparel identified as style M15M003 and style M15M121, accompanied by catalogue pages depicting the manner in which these items are advertised for sale. You stated that style M15M003 comes in sizes for big and tall and these are identified as M15M003B and M15M003T. Except for proportion, they are identical in every other way to M15M003 and will be treated similarly. The samples will be returned as you have requested.

Style M15M121 is made of 100 percent woven polyester material with a 100 percent polyester mesh liner. It has a fly front with a hook and loop closure and a shoestring like tie at the waistband for closure. The garment has a pocket on the right leg with a hook and loop closure and a grommeted drainage hole. The short legs are hemmed. The waist is not fitted with any drawstring or elastic, only with the tie to close the top of the fly and waistband.

Style M15M003 (also styles M15M003B and M15M003T for big and tall sizes), is made of 100 percent nylon with a 100 percent polyester mesh liner. The swimsuit has a fly front with a hook and loop closure and a snap closure above the fly. It has a full around functional drawstring and partially elasticized sides at the waist. There are two back pockets with hook and loop closures and grommeted drainage holes and two side slash pockets with mesh interiors. The leg bottoms are hemmed.

The applicable subheading for style M15M121 will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boy’s trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, shorts, men’s. The duty rate will be 28.6 percent ad valorem.

The applicable subheading for styles M15M003, M15M003B and M15M003T will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, men’s or boys’, of man-made fibers, men’s. The duty rate will be 28.5 percent ad valorem.

Style M15M121 falls within textile category designation 647. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Styles M15M003, M15M003B and M15M003T fall within textile category designation 659. Based upon international textile trade agreements products of Sri Lanka 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 355 at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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