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NY M87251




October 20, 2006

CLA-2-62:RR:NC:WA:358 M87251

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5039

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue
25th Floor
New York, N.Y. 10022-4877

RE: The tariff classification of boys’ board shorts from Bangladesh

Dear Mr. Evan:

In your letter dated October 17, 2006, on behalf of your client, In Private, Inc., you requested a classification ruling.

Four samples have been submitted with your request. The garments, which are similar in construction, except for the outer shell design are identified as styles 00207470, (Camo leaf), 00207469 (Dragon Blade), 00207678 (Torch Shark) and 00207469 (Surf Unit). The garments are boys’ board shorts constructed of printed woven polyester fabric that has a visible plastic coating on the inner surface. The shorts are not lined.

The shorts extend to the lower thigh area and have banded waistbands with front waistband openings secured by hook and loop fasteners and self fabric tabs, each with two eyelets, located on either side of the opening. A drawstring capable of tightening the waistband is threaded in a criss-cross pattern through the eyelets. Styles 00207469, 00207678 and 00207469 have pant leg patch pockets that are secured by pocket flaps with hook and loop fasteners. Style 00207470 has a back pocket that is set-in and secured by a pocket flap with hook and loop fastener. All shorts have leg separations that are hemmed at the bottom.

The samples will be returned to you as you have requested.

The applicable subheading for the board shorts will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), 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: trousers, breeches and shorts: other. The duty rate will be 7.1 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/.

The board shorts fall 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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