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NY L88043




October 27, 2005

CLA-2-62:RR:NC:3:353 L88043

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.1020

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of swim shorts from China and Vietnam.

Dear Mr. Maher:

In your letter dated September 30, 2005, on behalf of The Children’s Place, ou requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, Style 12828L0002 Boy’s Swimsuit, is a swim short constructed of woven 100% nylon taslan fabric. The swim short features a fully elasticized waist with a full drawstring, knit 100% polyester mesh liner, faux fly, and two (2) cargo pockets with flaps secured by hook and loop closures and grommets for drainage. The swim short comes in sizes 4T to 14.

You state that the fabric is coated. However, it is not visible to the naked eye.

The applicable subheading for the Style 12828L0002 Boy’s Swimsuit will be 6211.11.1020, 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, boys’. The duty rate will be 27.8 percent ad valorem.

Style 12828L0002 Boy’s Swimsuit falls within textile category designation 659. 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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