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NY J89517

October 3, 2003

CLA-2-62:RR:NC:TA:358 J89517


TARIFF NO.: 6209.30.3040; 6210.40.5050

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

RE: The tariff classification of swim trunks from Indonesia

Dear Ms. Pudjijanto:

In your letter dated September 30, 2003 you requested a classification ruling.

Various pockets are located on submitted style 220166 “tb fish swim”, which is fully elasticized around the waist through which an adjustable drawstring is threaded through metal grommets, and which is manufactured from a light-weight, mesh lining and from a woven outershell of 100% polyester which is visibly coated on its inner surface with polyurethane.

As you have requested, the sample garment is being returned.

When sized for infants the applicable subheading for the garment will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, of synthetic fibers, other, other, other; and when sized for boys will be 6210.40.5050, which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906, or 5907, otherboys’ garments, of man-made fibers, other, other. The duty rates will be 16.1 and 7.2 per cent ad valorem, respectively.

In infants’ sizes the swim trunks fall within textile category designation 239 and in larger sizes within 659. Based upon international textile trade agreements products of 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 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.

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 Kirschner at 646-733-3048.


Robert B. Swierupski

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