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NY H87158




February 14, 2002

CLA-2-62:RR:NC:TA:357 H87158

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050

Ms. Fifi Pudjijanto
Gap Inc.
345 Spear St.
San Francisco, CA 94105

RE: The tariff classification of boys’ coated swimsuits from Thailand and Indonesia

Dear Ms. Pudjijanto:

In your letter dated January 15, 2002, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first item, style 152523, is a boys’ 100% woven polyester microfiber swim trunk. It has a partially elasticized waistband with a tunneled drawstring, a polyester knit mesh lining, an interior mesh coin pocket, a back pocket with a mesh lining and a hook and loop closure and a fabric patch on the leg with the legend “Gap Swimwear.”

The second item, style 152525, is a boys’ 100% woven polyester microfiber swim trunk. It has a partially elasticized waistband with a tunneled drawstring, a polyester knit mesh lining, an interior mesh coin pocket, a rear patch pocket with a drainhole and a patch pocket on the left leg with a hook and loop closure and two drain holes and a fabric patch on the leg with the legend “Gap Swimwear.”

Both garments are made with a shell fabric that is visibly coated on the inner surface with polyurethane

The applicable subheading for the two swim trunks will be 6210.40.5050, Harmonized Tariff Schedule of the United States (HTS), 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 7.2 percent ad valorem.

These garments fall within textile category designation 659. Based upon international textile trade agreements products of Thailand and Indonesia 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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