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NY K80914

December 24, 2003
CLA-2-62:RR:NC:WA:355 K80914


TARIFF NO.: 6211.11.1010

Ms. Gail T. Cumins
Sharetts, Paley, Carter & Blauvelt, P.C.
75 Broad Street
New York, NY 10004

RE: The tariff classification of men’s swimwear from Sri Lanka

Dear Ms. Cumins:

In your letter dated December 15, 2003, you requested a classification ruling on behalf of Bimini Bay Outfitters, Ltd.

A representative sample for a variety of style numbers was submitted and will be returned as you have requested. The sample represents style numbers M310218, M310271, M310286, M310227, T310289, T310288 and T310205. In your letter you state that while the print pattern differs from style to style, the body construction and fiber content are identical for all the garments.

The swimshort is made of a 100% polyester woven microfiber shell and a 100% polyester knit mesh liner. It features a half-elasticized waistband in the back and a fully functional drawstring which is threaded through the entire length of the waistband. The drawstring exits in the front in two spots, is threaded through eyelets, and laces up in the front.

The applicable subheading for the swimshort will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for swimwear: men’s or boys’ of man-made fibers: men’s. The duty rate will be 28% ad valorem. In 2004, the duty rate will be 27.8% ad valorem.

Styles M310218, M310271, M310286, M310227, T310289, T310288 and T310205 fall within textile category designation 659. Based upon international textile trade agreements products of Sri Lanka 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 Camille R. Ferraro at 646-733-3046.


Robert B. Swierupski

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