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NY I86355




September 27, 2002

CLA-2-62:RR:NC:WA:355 I86355

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1010

Ms. Donna L. Shira
Sharetts, Paley, Carter & Blauvelt, P.C.
75 Broad Street
New York, NY 10004

RE: The tariff classification of men’s swimwear from Taiwan

Dear Ms. Shira:

In your letter dated September 24, 2002, you requested a classification ruling on behalf of Authentic Fitness Corporation.

A men’s swim trunk was submitted and will be returned as you have requested. The garment is identified as style 7320037 and is comprised of an outer shell of 100 percent nylon woven fabric and an interior knit mesh liner made of 100 percent polyester fabric. The garment features an elasticized waistband with a fully functional interior drawtape; two side seam pockets with mesh fabric forming the interior of the pockets and hemmed leg openings. There is a plastic pouch connected to the trunk. The pouch measures approximately 4.5 by 5.5 inches. It has two pressure locking closures forming a double barrier to prevent water from seeping into this pouch. The pouch is identified as a “waterproof pocket. It has a small loop which can be intertwined with a longer elasticized loop which is sewn to the interior of the side pocket. Thus this “pocket” can be removed from the garment whenever desired. It is not permanently attached to the garment but is sold as an integral part of the swimwear.

The applicable subheading for style 7320037 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. The duty rate will be 28.2 percent ad valorem.

Style 7320037 falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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 R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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