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NY J84044




May 14, 2003

CLA-2-62:RR:NC:WA:355 J84044

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1010; 6211.11.1020

Ms. Joanna Huang
American Public Co., Inc.
485 7th Avenue, Suite 800
New York, NY 10018

RE: The tariff classification of men’s and boys’ swim shorts from China or Taiwan

Dear Ms. Huang:

In your letter dated May 9, 2003, you requested a classification ruling.

A sample, representative of both men’s and boys’ sizes of a swim short was submitted and will be returned as you have requested. The swim short will be sized 30-40 in the men’s group and 8-18 in the boys’ group. The garment is made of 100 percent woven polyester fabric with a 100 percent knit mesh polyester liner. The garment features an elasticized waistband with an interior drawcord. The drawcord exits in the front at two spots approximately six inches apart , then laces through four eyelets to tie in the front. The garment also features two side pockets with mesh fabric for a significant portion of the pocket fabric, and hemmed leg openings.

The applicable subheading for the men’s swim sorts, sizes 30-40, 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 percent ad valorem.

The applicable subheading for the boys’ swim shorts, sizes 8-18, will be 6211.11.1020, HTS, which provides for track suits, ski-suits and swimwear; other garments: swimwear, men’s or boys’, of man-made fibers, boys’. The duty rate will be 28 percent ad valorem.

Both the men’s and boys’ swim shorts fall within textile category designation 659. Based upon international textile trade agreements products of China and 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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