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NY J88427





September 23, 2003

CLA-2-62:RR:NC:WA:355 J88427

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1010

Ms. Laura Siegel Rabinowitz
Tompkins & Davidson, LLP
One Astor Plaza
New York, NY 10036-8901

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

Dear Ms. Siegel Rabinowitz:

In your letter dated September 10, 2003, you requested a classification ruling on behalf of Generation One Apparel, Inc.

You submitted a pair of men’s swim trunks identified as style M388FD. The swim trunks feature a woven shell made of 100 percent polyester fabric, with pieced construction of multiple colors; a lightweight knit mesh liner; and coin pocket made of 100 percent polyester fabric. The garment features a mock fly front; a waistband which is elasticized through the back portion; and a drawstring which is threaded through the length of the waist and exits at two points approximately six inches from the center of the waistband. At that juncture the cord laces up to tie in the front. There is a back patch pocket with two grommets for drainage.

The applicable subheading for style M388FD 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 percent ad valorem.

Style M388FD falls within textile category designation 659. Based upon international textile trade agreements products of Bangladesh 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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