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NY N011844




June 27, 2007

CLA-2-62:RR:NC:WA:357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5039

Mr. Daniel Gazitua
Supreme International Corporation
3000 NW 107 Avenue
Miami, Florida 33172

RE: The tariff classification of three pairs of men’s board shorts from Thailand

Dear Mr. Gazitua:

In your letter dated May 23, 2007, you requested a classification ruling.

Three samples were submitted as follows: Style numbers PL8S0230, PL8S0222 and PL8S0233 are three pairs of men’s board shorts. Each pair of shorts has a shell composed of a woven 100% polyester fabric which is visibly coated on the inner surface with polyurethane.

Style PL8S0230 has a full mesh fabric lining, a flat banded waistband, a fly front opening secured by a hook and loop closure, a tab with grommets at the front portion of the waistband that has a drawcord laced through it and hemmed bottoms.

Style PL8S0222 has a full mesh fabric lining, a waistband that is flat in the front and elasticized in the rear, a fly front opening secured by a hook and loop closure, a tab with grommets at the front portion of the waistband that has a drawcord laced through it, a pocket with a flap secured by two hook and loop closures on the lower portion of the right thigh, two grommets on the lower portion of the pocket and hemmed bottoms.

Style PL8S0233 has a mesh fabric support liner, a fully elasticized waistband with no opening, an adjustable tunnel drawcord tightening through the waistband that is laced at the front through a tab with grommets, two front mesh lined pockets below the waist and hemmed bottoms. There is no indication that this item is designed and constructed for swimming, therefore the garment is not considered swimwear.

The samples are being returned to you as you have requested.

The applicable subheading for styles PL8S0230, PL8S0222 and PL8S0233 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: 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 shorts fall within textile category 647. 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. 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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