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NY K87757




July 20, 2004
CLA-2-62:RR:NC:TA:358 K87757

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050

David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th floor
New York, NY 10022-4877

RE: The tariff classification of swimtrunks from China

Dear Mr. Evan:

In your letter dated July 8, 2004, written on behalf of Samara Brothers, Inc., you requested a classification ruling.

Submitted boys’ wear, Style 497 and Style 797, manufactured from woven fabric of 100% polyester, which appears visibly coated on its inner surface by what you state is plastic, is a pair of swimtrunks, characterized by a fully elasticized waistband and a mesh liner. Style 497 is sized for toddlers 2T to 4T and Style 797 is sized for boys’ 4 to 7.

As you have requested, the sample garment is being returned.

The applicable heading for Style 497 and Style 797 will be 6210.40.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907; other men’s or boys’ garments; of man-made fibers; other; other. The duty rate will be 7.1 percent ad valorem.

The garment falls within textile category designation 659. Based upon international textile trade agreements products of China may be 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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