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NY M82658





May 5, 2006

CLA-2-61:RR:NC:3:353 M82658

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.31.0010

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1414

RE: The tariff classification of swimwear from China or Indonesia.

Dear Mr. Hoffacker:

In your letter dated April 18, 2006, on behalf of Supreme International, you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Styles N66152 Men’s Swimwear Tight, N66155 Men’s Swimwear Jammer Short and N66157 Men’s Swimwear Brief. All the swimwear is constructed of knit 81% polyester, 19% spandex fabric. All items are advertised and marketed as swimwear and are chlorine resistant.

Style N66152 Men’s Swimwear Tight is a form-fitting tight-style garment that reaches from the waist to the ankles and features an elasticized waist through which a drawstring is threaded.

Style N66155 Men’s Swimwear Jammer Short is a form-fitting short that reaches from the waist to the knees and features an elasticized waist through which a drawstring is threaded.

Style N66157 Men’s Swimwear Brief is a form-fitting brief that features an elasticized waist through which a drawstring is threaded and elasticized leg holes.

The applicable subheading for the Styles N66152 Men’s Swimwear Tight, N66155 Men’s Swimwear Jammer Short and N66157 Men’s Swimwear Brief will be 6112.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear, knitted or crocheted: men’s or boys’ swimwear: of synthetic fibers, men’s. The duty rate will be 25.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

For China, Styles 66152, 66155 and 66157 fall 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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