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NY G85598




January 10, 2001

CLA-2-62:RR:NC:WA:355 G85598

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1010; 6211.11.8010

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

RE: The tariff classification of men’s swimsuits from Philippines, Thailand and China

Dear Ms. Kuza:

In your letter dated December 21, 2000 you requested a classification ruling.

You submitted five sample garments which will be returned as you have requested.

Style 3505MNSI is a men’s swimsuit which is made of 100 percent woven polyester microfiber fabric. The garment features a 100 percent polyester mesh knit liner, an enclosed elasticized waistband with a fully functional drawstring, two mesh lined front side seam pockets, one right front cargo pocket with grommets for drainage, and an interior coin pocket. The garment is made in the Philippines.

Style 3516MNSI is a men’s swimsuit made of 100 percent woven nylon fabric. The garment features a 100 percent knit polyester liner, an enclosed elasticized waistband with a fully functional drawstring, two mesh lined side pockets, one left leg cargo pocket with grommets for drainage, and an interior coin pocket. The garment is made in Thailand.

Style 3503MNSI is a men’s woven swimsuit made of 70 percent cotton and 30 percent nylon. It features a knit 100 percent polyester liner, an enclosed elasticized waistband with a fully functional drawstring, two mesh lined side pockets, two front cargo pockets with partial mesh lining and grommets for drainage, and an interior coin pocket. The garment is made in China.

Style 3506MNSI is a men’s woven swimsuit made of 1900 percent woven nylon fabric. It features a 100 percent knit polyester liner, an enclosed elasticized waistband with a fully functional drawstring, a hook and loop fastened fly, two mesh lined front side pockets, and an interior coin pocket. The garment is made in Thailand.

Style 3529MNSI is a men’s woven 100 percent nylon swimsuit. It features a 100 percent knit polyester liner, an enclosed waistband with a fully functional drawstring, a hook and loop fastened fly, two mesh lined side seam pockets, a back patch pocket with grommets for drainage, and an interior coin pocket. The garment is made in Thailand.

The applicable subheading for styles 3505MNSI, 3516MNSI, 3506MNSI and 3529MNSI will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for swimwear, men’s of man-made fibers. The duty rate will be 28.3 percent ad valorem.

The applicable subheading for style 3503MNSI will be 6211.11.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for swimwear, men’s of cotton. The duty rate will be 7.6 percent ad valorem.

Styles 3505MNSI, 3516MNSI, 3506MNSI, and 3529MNSI fall within textile category designation 659. Based upon international textile trade agreements products of both the Philippines and Thailand are subject to quota and the requirement of a visa.

Style 3503MNSI falls within textile category designation 359. Based upon international textile trade agreements products of China 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.

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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