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NY G84524




November 20, 2000

CLA-2-62:RR:NC:WA:355 G84524

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.8010; 6211.11.1010

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
New York, NY 10036-8901

RE: The tariff classification of men’s swim shorts from Bangladesh.

Dear Mr. Stack:

In your letter dated November 15, 2000, you requested a classification ruling on behalf of Generation One.

You submitted a sample of style 2309 which you describe as men’s swim trunks. You state the garment is made of a woven shell fabric made of 70 percent cotton and 30 percent nylon fiber with a 100 percent polyester knit mesh liner. The garment features an elasticized waist, an interior cord drawstring, an exterior elasticized cord drawstring which fastens with toggles, two side slant pockets with mesh pocket lining fabric, two front leg patch pockets with grommets for drainage, and two back pockets with flaps and mesh fabric for lining. The leg bottoms are hemmed and have drawcords threaded through them. You state that the same garment will be made using 100 percent nylon for the shell fabric. No style number was given for this proposed garment. For purposes of this ruling, it is identified as garment 2309N.

The applicable subheading for style 2309 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 2309N (the nylon shell fabric garment), will be 6211.11.1010, (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.

Style 2309 falls within textile category designation 359. The same garment as style 2309N, (made with 100 percent nylon shell fabric), falls within textile category designation 659. Based upon international textile trade agreements products of Bangladesh require 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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