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NY G84668

November 30, 2000

CLA-2-62:RR:NC:WA:355 G84668


TARIFF NO.: 6211.11.1020

Ms. Kathryn Smith
NIKE, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of boys’ swim shorts from Taiwan

Dear Ms. Smith:

In your letter dated November 17, 2000, you requested a classification ruling.

You submitted a sample of a boys’ swim short and identified it as style 421852A. This garment, as style 421852, had been the subject of NY ruling F89380. You have changed the construction of the garment and given it a new style number. The changes impact the classification of the garment.

Style 421852A is labeled a “Boys Comin’ & Goin’ Short”. The swim shorts are made of 100 percent woven polyester fabric. The garment features a knit mesh liner, an elasticized waistband with a fully functional drawstring, two side pockets with large interior grommets to allow drainage and hemmed leg openings. In a telephone conversation, you stated that the garment is intended to be marketed as swim wear. The sample will be returned.

The applicable subheading for the swim shorts will be 6211.11.1020, Harmonized Tariff Schedule of the United States (HTS), 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 28.5 percent ad valorem.

Style 421852A falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Camille Ferraro at 212-637-7082.


Robert B. Swierupski

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