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NY J88969




October 9, 2003

CLA-2-62:RR:NC:WA:355 J88969

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1010

Mr. Jeffrey J. Walton
Imports
Department 733IMP
Sear, Roebuck & Co.
3333 Beverly Road, D5-254B
Hoffman Estates, IL 60179

RE: The tariff classification of a man’s swim short from Bangladesh

Dear Mr. Walton:

In your letter dated September 25, 2003, you requested a classification ruling.

You submitted a sample of a man’s swim short identified as style MS4CV2033. The garment is made of 100% polyester woven fabric with a knit mesh liner. The garment features an elasticized waistband with a full around interior drawcord: an interior coin pocket; two side slant pockets with mesh fabric for pocket lining; a fake fly; and a back pocket with a grommet hole for drainage. In a telephone conversation, you indicated that the grommet hole, which on the original sample was too small to allow for adequate drainage, will be enlarged to approximately 5/8” in diameter.

The applicable subheading for style MS4CV2033 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% ad valorem.

Style MS4CV203 falls within textile category designation 659. Based upon international textile trade agreements products of Bangladesh are not subject to quota but do require 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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