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NY N022637





February 27, 2008

CLA-2-62:OT:RR:NC:TA:357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050; 6211.11.1020

Ms. Fifi Pudjijanto
Gap Inc.
2 Folsom St.
San Francisco, CA 94105

RE: The tariff classification of boys’ swimwear from Vietnam

Dear Ms. Pudjijanto:

In your letter dated January 25, 2008, you requested a classification ruling. Samples were submitted and are being returned as you requested.

Style 565127 Allover Shark Swim is a boy’s swim trunk constructed of woven polyester fabric with a visible polyurethane coating on the inner surface. The board short-style swim trunk features a full elasticized waistband though which an inner drawstring is threaded, a drawstring laced through two grommets at the front of the waist, faux fly front, inner mesh support liner, inner coin pocket, two front on-seam pockets with mesh pocketing, and a rear patch pocket with a flap secured by a hook and loop closure.

Style 565136 Hawaiian Flower Swim is a boy’s swim trunk constructed of woven polyester fabric with a visible polyurethane coating on the inner surface. The board short-style swim trunk features a full elasticized waistband though which an inner drawstring is threaded, a non-functional drawstring laced through four grommets at the front of the waist, faux fly front, inner mesh support liner, inner coin pocket, front flap patch pocket with a hook and loop closure and drainage hole and a zippered rear pocket with a mesh fabric pocket bag.

Style 565134 Surfboard Swim is a boy’s swim trunk constructed of woven polyester fabric with a coating on the inner surface that is not visible to the naked eye. The board short-style swim trunk features a full elasticized waistband though which an inner drawstring is threaded, a non-functional drawstring laced through four grommets at the front of the waist, faux fly front, inner mesh support liner, inner coin pocket, front flap patch pocket with a hook and loop closure and drainage hole and a rear zipper pocket with a mesh fabric pocket bag.

The applicable subheading for the 565127 Allover Shark Swim and the 565136 Hawaiian Flower Swim will be 6210.40.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the 565134 Surfboard Swim will be 6211.11.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits, and swimwear, other garments: swimwear: men’s or boys’: of man-made fibers, boys’. The duty rate will be 27.8 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/.

These three swimsuits fall within textile category 659. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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