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NY N003577




November 27, 2006

CLA-2-62:RR:NC:TA:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5039; 6210.40.5050

Ms. Sarah O’Hare O’Neal
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue
New York, NY 10022-4877

RE: The tariff classifications of swim trunks and board shorts from China

Dear Ms. O’Neal:

In your letter dated November 20, 2006, written on behalf of C-Life Group, Ltd., you requested a classification ruling.

Two samples were submitted with your request. Boardshort Style 3PL62560T/3PLS62570T and swimsuit Style 3SR60010T are manufactured from woven outer shells of 100% polyester that are coated on the inner surface by polyurethane.

Boardshort Style 3PL62560T/3PLS62570T is an unlined pair of shorts with a flat waistband, a front fly zipper opening that secures at the waist by means of hook and loop closure and a marginally adjustable criss-cross tie closure that attaches to fabric extensions at the waistband front.

Swimsuit Style 3SR60010T is a pair of board short styled swim trunks. It has a criss-cross tie closure that attaches to fabric extensions at the waistband front, a full mesh liner, a fully elasticized waistband, a tunnel enclosed drawstring closure that encircles the waist and secures at the front, slash pockets at the sides and a rear patch pocket with grommet drainage holes and textile flap secured by hook and loop closure.

As you have requested, the samples garments are being returned.

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.

The applicable subheading for the swim trunks will be 6210.40.5050, 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: 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. The swim trunks 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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