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NY 864407

July 18, 1991

CLA-2-62:S:N:N3:357 864407


TARIFF NO.: 6210.40.1050

Mr. Grant Goldin
Scope Imports, Inc.
8020 Blankenship Dr.
Houston, TX 77055

RE: The tariff classification of coated swimwear from the Philippines.

Dear Mr. Goldin:

In your letter dated April 22, 1991, and subsequent submissions, you requested a classification ruling.

The submitted sample, no article number, is a pair of woven men's swim trunks. The body is composed of a tactel nylon fabric with a 600mm acrylic plastic coating on the underside. The trunks have a knit tricot lining, two on-seam mesh pockets, an unsecured rear patch pocket, a drawstring through the elasticized waistband and a key pocket.

According to information you provided, the nylon fabric is made from 70 denier yarns with 114x96 yarns per square inch. The fabric weight is 115 grams per linear yard uncoated and 155 grams per linear yard with the coating.

Examination of the sample indicates that the coating changes the surface character of the fabric; therefore, the fabric is visibly coated for tariff purposes.

The applicable subheading for the swim trunks will be 6210.40.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5903, 5906 or 5907, of man-made fibers. The duty rate will be 7.6% ad valorem.

This article falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines are subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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