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NY J89140




October 8, 2003

CLA-2-62:RR:NC:TA:357 J89140

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050; 6210.40.5030

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Ave.
New York, NY 10167-3397

RE: The tariff classification of a swim short from Sri Lanka, China or Bangladesh

Dear Mr. Evan:

In your letter dated September 15, 2003, on behalf of EXCELHIGH, Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style YB0, is described as a swim short constructed of 100% polyester woven fabric with a visible polyurethane coating on the inner surface. The garment features an elasticized waistband with a drawstring threaded through four eyelets at the front, a lining of man-made fiber mesh knit material, a small inner mesh pocket, a fake fly and a rear pocket with two grommet holes for drainage. The garment will be imported in boys’ sizes 4-7 and 8-20, as well as men’s sizes 28-40.

The applicable subheading for style YB0 in boys’ sizes 4-7 will be 6210.40.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style YB0 in boys’ sizes 8-20 and in men’s sizes 28-40 will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, trousers, breeches and shorts, of man-made fibers. The duty rate will be 7.2 percent ad valorem.

Style YB0 in boys’ sizes 4-7 falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa, while products of Sri Lanka and Bangladesh are subject to the requirement of a visa.

Style YB0 in boys’ sizes 8-20 and in men’s sizes 28-40 falls within textile category designation 647. Based upon international textile trade agreements products of Sri Lanka, China and 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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