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NY N007799




March 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050

David Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue
New York, NY 10022-4877

RE: The tariff classifications of swim trunks from China

Dear Mr. Evan:

In your letter dated November 20, 2006, written on behalf of Babyfair, Inc., you requested a classification ruling.

One sample was submitted with your request. The submitted sample, style 9800 is a pair of toddler boy’s swim trunks constructed of woven polyester fabric that is coated on the inner surface by polyurethane. The garment features an elasticized waistband with a drawstring that ties internally at the center front. The garment has a knit mesh liner, a back pocket with mesh liner and hook and loop closure, a mock fly front, a partial drawstring threaded through four eyelets at the front waistband and a hemmed bottom. The garment will be imported in boys’ sizes 2T –7.

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

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 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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