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NY K88256

August 12, 2004
CLA-2-62:RR:NC:WA:357 K88256


TARIFF NO.: 6210.40.9060

Mr. Patrick Pascarella
Viking Sea/Air Freight, Inc.
486 Sunrise Highway
Rockville Center, N.Y. 11570

RE: The tariff classification of a man’s pair of swim shorts from China

Dear Mr. Pascarella:

In your letter dated July 24, 2004, on behalf of Presidio International, Inc., you requested a classification ruling.

The sample submitted, style number O6SW201, is a man’s pair of pull-on swim shorts constructed of a shell composed of a woven print design 100% cotton fabric that is visibly coated on the outer surface with polyurethane. The swim shorts are lined in the body with a mesh fabric.

The coating does not completely obscure the underlying cotton fabric.

The swim shorts extend to the lower thigh area in length and have hemmed leg separations. The garment also has an elasticized waistband with an inner drawcord tightening, two front pockets and two rear pockets that are lined with a mesh fabric and a pocket secured by a flap with a snap closure on the lower portion of the right thigh. The drawcord tightening and a label on the side of the right front pocket feature the “A/X Armani Exchange” tradename.

The applicable subheading for the swim shorts will be 6210.40.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: other: other: other. The duty rate will be 6.2 percent ad valorem.

The swim shorts fall within textile category designation 359. Based upon international textile trade agreements products of China are presently subject to quota restraints 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 W. Raftery at 646-733-3047.


Robert B. Swierupski

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