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NY G80351





August 16, 2000

CLA-2-62:RR:NC:WA:355 G80351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.8010; 6211.11.1010; 6203.43.4030

Ms. Karen Kuza
The Marmaxx Group
700 Cochituate Road
Framingham, MA 01701

RE: The tariff classification of men’s swimsuits and shorts from Hong Kong and Taiwan.

Dear Ms. Kuza:

In your letter dated August 3, 2000, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted four samples. Style 3515MNSI is a men’s 70% cotton and 30% nylon woven bathing suit. The garment features an enclosed elasticized waist, an adjustable draw string, 100% polyester mesh liner, a small internal coin pocket, a back pocket fastened with a hook and loop closure, the back pocket has a grommet for drainage, front side slash pockets that are internally mesh and hemmed bottoms.

Style 3500MNSI is a men’s 70% cotton and 30% nylon woven bathing suit. The garment features an enclosed elasticized waist, an adjustable draw string, 100% polyester mesh liner, a small internal coin pocket, two expandable flapped back pockets fastened with a hook and loop closure, the back pockets have two grommets each for drainage, front side slash pockets that are partially mesh, an expandable flapped cargo pocket on the bottom front of one leg with two grommets and a hook and loop closure and hemmed bottoms.

Style 3521MNSI is a men’s 100% polyester woven bathing suit. The garment features an enclosed elasticized waist, an adjustable draw string, 100% polyester mesh liner, a back mesh lined pocket fastened with a zippered closure, front side slash pockets that are partially mesh with zippered closures and hemmed bottoms.

Style 3514MNSI is a men’s pair of 100% nylon woven shorts. The garment features an enclosed elasticized waist, an adjustable draw string, 100% polyester mesh liner, a small internal coin pocket, a back pocket fastened with a hook and loop closure, front side slash pockets that are internally mesh and hemmed bottoms.

The applicable subheading for styles 3515MNSI and 3500MNSI will be 6211.11.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: swimwear: men’s or boys’: other, of cotton, men’s. The duty rate will be 7.7 percent ad valorem.

The applicable subheading for style 3521MNSI 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 28.5 percent ad valorem.

The applicable subheading for style 3514MNSI 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, short’s: men’s. The duty rate will be 28.6 percent ad valorem.

Styles 3515MNSI and 3500 MNSI fall within textile category designation 359. Based upon international textile trade agreements products of Hong Kong are subject to the requirement of a visa.

Style 3521MNSI falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan are subject to the requirement of a visa.

Style 3514 MNSI falls within textile category designation 647. Based upon international textile trade agreements products of Taiwan are subject to 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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