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NY J89966




October 15, 2003

CLA-2-62:RR:NC:WA:355 J89966

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030; 6211.11.1010

Ms. Ruth Hayd
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

RE: The tariff classification of men’s shorts and swim shorts from Vietnam

Dear Ms. Hayd:

This letter is being issued to replace NY ruling J88957, which contained a typographical error with regard to the rate of duty for style YB0501. The duty rate was erroneously stated to be 26% ad valorem. The correct rate is 28% ad valorem. The letter with the correct rate follows:

In your letter dated September 29, 2003, you requested a classification ruling.

You submitted two samples of men’s garments which will be returned as you have requested.

The first garment, identified as style YB0501 is described as a men’s swim short, made of 100% polyester woven fabric with a 100% polyester knit mesh liner. The swim short features a fully elasticized waistband with a drawcord that extends the entire length of the waistband and exits in two spots at the front to form a lace-up tie. It has one side pocket with a flap and a large grommet to provide drainage. The garment is sized S - XL.

The second garment, identified as style YB0504 is described as a men’s short, made of 100% polyester woven fabric. The garment features a flat waistband, a front lace-up tie, a side thigh pocket with a zipper and mesh pocket lining, and a front fly which secures shut by means of hook and loop fabric tape.

The applicable subheading for style YB0501 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% ad valorem.

The applicable subheading for style YB0504 will be 6203.43.4030, HTS, which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, shorts, men’s. The duty rate will be 28.1% ad valorem.

Style YB0501falls within textile category designation 659-S. Style YB0504 falls within textile category designation 647. Based upon international textile trade agreements products of Vietnam 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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