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NY F87817




June 15, 2000

CLA-2-61:RR:NC:WA:355 F87817

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4040

Ms. Barbara Grier
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of boys’ swim shorts from Bangladesh

Dear Ms. Grier:

In your letter dated May 31, 2000, you requested a classification ruling.

You submitted three style of boys’ swim shorts and requested classification advice on those three styles and also on those styles with modifications, such as the addition of a liner, or fly or some other alteration. We will provide classification advice only on those styles as the samples submitted represent. Your samples will be returned as you have requested.

Style 2 is made of 100 percent polyester fabric. It features a non-elasticized waistband, which is secured by a Velcro fastener. The fly is open and not secured except at the waist. There are two side cargo pockets with drainage holes and flaps, which are secured with Velcro. Style 4 is made of 100 percent polyester. It features a mesh liner, an elasticized waistband, two side cargo pockets with drainage holes and flaps secured with Velcro, an interior coin pocket made of the mesh liner fabric and a front drawstring which only extends four inches along the waistband and affords minimal tightening of the waistband. The garment does not feature a fly. Style 13 is made of 100 percent polyester and features a non-elasticized waistband fastened at the front fly with a lace type drawcord. The drawcord affords minimal tightening at the waist and only extends approximately three inches along the waistband. There is one cargo pocket with a flap secured by Velcro and the pocket has drainage holes.

The applicable subheading for styles 2, 4 and 13 will be 6203.43.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, breeches or shorts, of synthetic fibers, other, other, other, other, other, shorts, boys’, other. The rate of duty will be 28.6 percent ad valorem.

Styles 2, 4, and 13 fall within textile category designation 647. Based upon international textile trade agreements products of Bangladesh 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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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