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NY H83862




August 2, 2001

CLA-2-62:RR:NC:WA:355 H83862

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4040; 6209.30.3040; 6211.11.1020

Ms. Lucia Buckman
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of infants, toddlers and boys shorts and swim shorts from Singapore.

Dear Ms. Buckman:

In your letter dated July 19, 2001, you requested a classification ruling.

You submitted four samples of shorts and swim shorts. These four samples represented eight styles of merchandise, covering infants, toddlers, small boys and boys sizes. In a subsequent telephone conversation we determined which samples covered which style numbers, as there was some confusion in your letter regarding this issue.

Styles 63068 and 63102 are swim shorts. The sample garment is made of 100 percent nylon woven fabric with a polyester knit mesh liner. The garment features a right front flapped patch pocket with two grommeted holes for drainage, a fully elasticized waistband and two lace up tabs, each with two grommeted holes, and a cord on the front of the waistband. The lacing cord, which does not extend throughout the waistband, is securely affixed to the waistband and cannot be removed from the garment. Style 63068 will be worn by toddler boys and style 63102 will be worn by infant boys.

Styles 64346 and 64347 are boys’ shorts and swim shorts. The sample garment is made of 100 percent woven nylon with a 100 percent polyester knit mesh liner. The garment features an elasticized waistband and two side seam pockets with mesh fabric for the interior pockets to allow drainage. There is no drawcord. Style 64346 is sized for boys 4-7 and style 64347 is sized for boys’ 8-20.

Styles 64351 and 64350 are boy’s pieced print swimwear. The sample garment according to the sample tag on the garment, is made of 100 percent woven polyester fabric. The garment features a knit mesh liner, a right side patch pocket with two grommeted holes for drainage, and an elasticized waistband with a drawcord running the entire length of the waistband. This cord ends in the front of the waistband being laced up through two two-holed tabs which are set so close together that they do not interfere with the complete tightening function of the drawcord. Style 64351 is designed for boys’ sizes 4-7 and style 64350 is designed for boys’ sizes 8-20.

Styles 63063 and 63064 are boys’ swim shorts made of 100 percent woven polyester with a knit mesh liner. The garment features an elasticized waistband with a drawcord running the entire length of the waistband. This cords ends in the front of the waistband being laced up through two two-holed tabs which are set so close together that they do not interfere with the complete tightening function of the drawcord. The garment also features a flapped patch pocket over the right side seam. This pocket has two grommeted holes for drainage. The outside seam length of the medium sized short is approximately 19 inches and covers the knee. Style 63063 is designed for boys’ sizes 4-7 and style 63064 is designed for boys’ sizes 8-20.

The applicable subheading for style 64347 will be 6203.43.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, shorts, boys’ other. The duty rate will be 28.4 percent ad valorem.

The applicable subheading for style 63102 will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of synthetic fibers, other, other. The duty rate will be 16.3 percent ad valorem.

The applicable subheading for styles 63068, 64346, 64351, 64350, 63063 and 63064 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 28.3 percent ad valorem.

Style 64347 falls within textile category designation 647. Based upon international textile trade agreements products of Singapore are subject to quota and the requirement of a visa.

Style 63102 falls within textile category designation 239. Based upon international textile trade agreements products of Singapore not subject to quota and do not require a visa.

Styles 63068, 64346, 64351, 64350, 63063 and 63064 fall within textile category designation 659, suffix letter “S”. Based upon international textile trade agreements products of Singapore require 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.

Sincerely,

Robert B. Swierupski
Director,

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