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NY M87524




November 3, 2006

CLA-2-62:RR:NC:3:353 M87524

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4051, 6211.11.8010

Mr. Jeff Chow
Air Commerce Customs Brokers, Inc.
1975 Charles Willard ST
Rancho Dominguez, CA 90220

RE: The tariff classification of a short and swimwear from China.

Dear Mr. Chow:

In your letter dated October 16, 2006, on behalf of Gatewaytex Inc., you requested a classification ruling.

The submitted samples are Style #s SC11401 and SC11402. Both styles are constructed of woven 100% cotton fabric.

Style # SC11401 is a men’s cotton short. It features a non-elasticized waistband with a four grommet lace-up tie closure, a hook and loop front fly and a front patch pocket with a single drainage hole.

This office notes that in your ruling request letter you call the item a swim trunk, but the item is labeled as a woven short. In addition, among other things, men’s swim trunks must possess an elasticized waist through which a drawstring is threaded and an inner support lining of lightweight material. Style # SC11401 has none of these features.

Style # SC11402 is a men’s swim trunk with an elasticized waist through which a drawstring is threaded, an inner support lining of lightweight mesh fabric, a front patch pocket with two large drainage holes and two side seam pockets of mesh to facilitate drainage.

The applicable subheading for Style # SC11401 will be 6203.42.4051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’trousers, bib and brace overalls, breeches and shorts: of cotton: other: other: shorts: men’s. The duty rate will be 16.6 percent ad valorem.

The applicable subheading for Style # SC11402 will be 6211.11.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments: swimwear: Men’s or boys’: other, of cotton: men’s.” The duty rate will be 7.5% 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/.

Style # SC11401 falls within textile category 347; Style # SC11402 falls within textile category 359. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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