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NY L86108





August 1, 2005

CLA-2-62:RR:NC:TA:N3:356 L86108

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4010; 6211.11.1010

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

RE: The tariff classification of men’s board shorts and swimwear from China, Bangladesh and Cambodia.

Dear Ms. Antrim-Saizan:

In your letter dated July 7, 2005, you requested a tariff classification ruling on behalf of A.D.T.N. International Ltd. (American Dream Team).

Style 4W2424-80 is a pair of men’s swim shorts constructed from 100 percent polyester, woven fabric with a knit mesh liner. The shorts feature a tunnel elastic waistband with a full drawstring that is threaded through two flat tabs at the waistband; a mesh coin pocket in the liner; two side pockets with hook and loop closures and grommets for drainage; a rear pocket with a flap, a hook and loop closure and grommets for drainage; and hemmed leg openings.

Style 4W2255B-80, identified as men’s board shorts, is constructed from 100 percent polyester, woven fabric with a knit mesh liner. The garment extends below the knee and features a tunnel elastic waistband with a full drawstring; two side seam pockets with no means of drainage; a cargo pocket on each leg with flaps, hook and loop closures and grommets for drainage; a rear patch pocket with a flap, a hook and loop closure and grommets for drainage; and hemmed leg openings with drawstrings.

In your letter, you refer to Styles 4W2424-80 and 4W2255B-80 as swimwear. Style 4W2424-80 meets all the criteria for swimwear and is classified as swimwear. However, Style 4W2255B-80 has side seam pockets that do not provide drainage and an out seam length that would make it cumbersome when swimming. Therefore, the general design of Style 4W2255B-80 precludes classification as swimwear. See Hampco Apparel, Inc. v. United States, Slip Op. 88-12. In addition, the length of Style 4W2255B-80 precludes classification as shorts.

The applicable subheading for Style 4W2424-80 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 rate of duty is 27.8 percent ad valorem.

The applicable subheading for Style 4W2255B-80 will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, . . . and shorts (other than swimwear): of synthetic fibers: other: other: other: other: trousers: men’s. The rate of duty is 27.9 percent ad valorem.

Style 4W2424-80 falls within textile category designation 659. Style 4W2255B-80 falls within textile category designation 647. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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