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NY J89751




October 23, 2003

CLA-2-62:RR:NC:WA:355 J89751

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1020

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

RE: The tariff classification of boys’ swimshorts from Bangladesh

Dear Ms. Huang:

This letter is being issued to replace NY ruling J88721. In a telephone conversation you indicated that , subsequent to the issuance of the ruling, you changed features of the garment upon which a classification decision was rendered. In changing the garment features, the classification of the garment changed. The ruling letter reflecting these changes, and the change in classification, follows:

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

You submitted a sample of a garment which you described as a boys’ swim trunk. You stated that the swimshorts will be imported in sizes XS (4/5), S(6/7), M(8), L(10/12), and XL(14/16).

The garment, identified as style TA107jz, is made of a woven shell of 100 percent polyester fabric with an interior liner made of 100 percent polyester knit mesh fabric. The garment features a waistband which is elasticized through the back portion only; a mock fly, a front patch pocket with two grommet holes for drainage and a lace-up front. A braided cord is threaded through the entire length of the waistband and then laced-up through two tabs at the front of the waistband.

The applicable subheading for style TA107JZ, in styles XS(4/5), S(6/7), M(8), L(10/12) and XL(14.16) will be 6211.11.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for swimwear: men’s or boys’: of man-made fibers: boys. The duty rate will be 28 percent ad valorem.

Style TA107jz 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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