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NY G84505





November 28, 2000

APP-6-2-62-TO:TT MEF G28

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040

Ms. Rita Pitts
Classification Specialist
Dillard’s Inc.
1600 Cantrell
Little Rock, Arkansas 72201

RE: The Tariff Classification of Infant’s Nylon and Polyester Woven Swim Trunks from the Philippines

Dear Ms. Pitts:

In your letter dated November 15, 2000, you requested a tariff classification ruling.

Three samples of Babies’ Swim Trunks were submitted with your request; Styles 11467000I; 11467014I; and 11467015N. In accordance with your request, the samples will be returned to you.

Style 11467000I is a Babies’ 100% Polyester Woven Swim Trunk. This brightly printed short-legged garment features a partial back elastic waistband and a back pocket with a Velcro closure. Two grommets are set into the pocket to ease the water flow. A 100% Polyester Diaper Pant Liner, coated with polyurethane, is sewn into the garment. The liner will allow the swim trunk to be worn without a diaper or to keep the diaper dry. You state the Infant’s Swim Trunks will be imported in Babies’ sizes 12-24 months.

Style 11467014I is a brightly colored Babies Swim Trunk constructed from 100% Nylon woven fabric. This short-legged garment features a full elastic waist; two mesh side pockets; and a small coin pocket sewn into the waistband. A 100% Polyester Diaper Pant Liner, coated with polyurethane, is sewn into the swim trunk to allow the garment to be work without a diaper or to keep the diaper dry. You state the swim trunk will be imported in Babies’ sizes 12-24 months.

Style 11467015N is an Infants’ 100% Polyester Woven Swim Trunk. This garment features a full elastic waistband and elastic at the leg openings. You state the lining is coated with polyurethane. The Swim Trunks will be imported in Infant sizes 3-9 months.

The applicable subheading for the Infant and Babies’ 100% Nylon and 100% Polyester Swim Trunks will 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%.

The 100% Woven Nylon and 100% Woven Polyester Swim Trunks for Babies and Infants fall within Textile Category Designation 239. Pursuant to a CITA Directive, dated September 30, 1998, export visas will not be required for textile and clothing products integrated in the second stage, which were produced or manufactured in the Philippines under Textile Category 239-babies garments (except diapers).

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 and 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.

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 this ruling, please contact Field National Import Specialist Mary Fischbach at (410) 962-4472 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Charles P. Bartoldus
Port Director

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