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NY J88721




September 25, 2003

CLA-2-62:RR:NC:WA:355 J88721

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4040

Ms. Joanna Huang
American Public Co., Inc.
485 7th Ave., Suite 800
New York, NY 10018

RE: The tariff classification of boys’ shorts from Bangladesh

Dear Ms. Huang:

In your letter dated September 9, 2003, you requested a classification ruling.

You submitted a sample of a garment which you described as a boys’ swim trunk. You stated that the shorts will be imported in sizes XS (4/5), S(6/7), M(8), L(10/12), and XL(14/16). Although you state that the garment is a boy’s swim trunk, you submit no marketing, sales, advertising or other information to substantiate such a claim.

The garment, identified as style TA107JZ, is made of a woven shell of 100 percent polyester fabric with an interior liner made of 100 percent polyester knit mesh fabric. The garment features a waistband which is elasticized through the back portion only; a mock fly, a front patch pocket with two grommet holes for drainage and a lace-up front. The cord for the lace-up tabs is threaded only through the tabs and does not extend to any other portion of the waistband. It does not operate or serve as a drawcord.

Hampco Apparel, Inc. v. United States, 12 CIT 92 (1988), requires, among other items, that if a garment is to be considered swimwear for tariff purposes it must have an elasticized waistband through which a drawstring is threaded. As the subject garment does not have a threaded drawstring, it cannot be treated as swimwear.

The applicable subheading for style TA107JZ, in styles M(8), L(10/12) and XL(14.16) only, 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 28.1 percent ad valorem.

Style TA107J - /M(8)/L(10/12)/XL(14/16) falls within textile category designation 647. Based upon international textile trade agreements products of Bangladesh 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Your inquiry does not provide enough information for us to give a classification on the little boy sizes XS(4/5) and S(6/7). The classification on those sizes could be dependent upon, among other considerations, how the garment is advertised, marketed and sold. When this information is available, you may wish to consider resubmission of your request for those sizes. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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