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NY G81330




September 11, 2000

CLA-2-62: G03 G81330

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.20.5050; 6209.30.3040; 6211.11.1020; 6211.11.8020

Ron M. del Mundo
Gymboree Corporation
700 Airport Boulevard, Suite 200
Burlingame, CA 94010

RE: The tariff classifications of babies’ and boys’ swim shorts from Hong Kong and Thailand

Dear Mr. del Mundo:

In your letter dated August 30, 2000 you requested a tariff classification ruling.

The first submitted sample, Style 1446-20010 is made from a woven fabric that you state is 100% nylon. This item is a pair of pull-on swim trunks with a mesh liner and a functional drawstring located on the interior of the elasticized waistband. There are three patch pockets, one on each front side and one on the right rear hip. All pockets have drain holes. This style will be imported from Thailand.

The second submitted sample, Style 435-20022 is made from a woven fabric that you state is 63% cotton and 37% nylon. This item is also a pair of pull-on swim trunks with a mesh liner and a functional drawstring located on the interior of the elasticized waistband. There are mesh lined side entry pockets as well as hip patch pockets with drain holes. This style will be imported from Hong Kong.

You have indicated that both of these styles will be imported in two different size ranges. The first range is sizes from 0 to 24 months and the second is from size 3 to 7 years. This represents sizes small to xx-large.

The applicable subheading for Style 1446-20010 in the babies’ (months) sizes will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies’ garments and clothing accessories: Of synthetic fibers: Other: Other: Other. The rate of duty will be 16.4 percent ad valorem. The applicable subheading for Style 435-20022 in the babies’ sizes will be 6209.20.5050, HTS, which provides as above, but Of cotton: Other: Other: Other: Other. The rate of duty will be 9.5 percent ad valorem.

The applicable subheading for Style 1446-20010 in boys’ sizes will be 6211.11.1020, 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 28.5 percent ad valorem. The applicable subheading for Style 435-20022 will be 6211.11.8020, HTS, which provides as above, but Other: Of cotton: Boys’. The rate of duty will be 7.7 percent ad valorem.

Both styles in the babies’ sizes fall within textile category designation 239. In the boys’ sizes, Style 1446-20010 falls within category 659 and style 435-20020 within category 359. Based upon international textile trade agreements, products of Thailand in category 659 and of Hong Kong in category 359 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.

In accordance with your request, your samples will be returned to you under separate cover.

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,

Alice M Rigdon
Port Director

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