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NY G82642




September 28, 2000

CLA-2-62:RR:NC:WA:355 G82642

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1010; 6211.11.8010

Ms. Rita Yeung
Amtai Imports, Inc./White Sierra
2200 Martin Avenue
Santa Clara, CA 95050

RE: The tariff classification of men’s swim shorts from Pakistan, Bangladesh or Cambodia.

Dear Ms. Yeung:

In your letter dated September 25, 2000, you requested a classification ruling.

You submitted three samples of men’s swim shorts, identified as styles D5310M-S01, A5774Y-S01, and X5774M-S01. You state that these garments were the subject of NY ruling G80413, dated August 16, 2000, and attached a copy of the letter. You further state that you have made significant modifications to the garments but have retained the same style numbers. You now wish us to consider these garments as men’s swim shorts, instead of just men’s shorts.

Style D5310M-S01, in its form as now submitted, is made of a 100 percent cotton woven shell, with a 100 percent polyester knit mesh liner. The garment features a full elastic waist, a draw cord which encircles the entire waist, one inside mesh coin pocket, two side pockets and a back pocket, all with mesh lining for drainage.

Style A5744Y-S01, in its form as now submitted, is made of 100 percent nylon woven shell, with a 100 percent polyester knit mesh liner. The garment features a full elastic waist, a draw cord which encircles the entire waist, one inside mesh coin pocket, two side pockets with mesh lining and a back pocket with two grommet holes for drainage.

Style X5744M-S01, in its form as now submitted, is made of 100 percent nylon woven shell, with a 100 percent polyester knit mesh liner. The garment features a full elastic waist, an exterior belt which encircles the entire waist, one inside mesh coin pocket, two side pockets and a back pocket with mesh lining for drainage. In a telephone conversation you state that you intend to add an interior draw cord which will encircle the entire waist.

The applicable subheading for the revised style D5310M-S01 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 the revised styles A5744Y-S01 and X5744M-S01 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.

Revised style D5310M-S01 falls within textile category designation 359. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa. Based upon international trade agreements, products of Bangladesh and Cambodia require a visa, but are not subject to quota.

Revised styles A5774Y-S01 and X5744M-S01 fall within textile category designation 659. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa. Based upon international trade agreements, products of Bangladesh and Cambodia require a visa, but are not subject to quota.

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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