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NY N018558

November 13, 2007



TARIFF NO.: 6210.40.5050

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Ave.
New York, NY 10022-4877

RE: The tariff classification of men’s swimwear from China

Dear Mr. Evan:

In your letter dated October 9, 2007, on behalf of Foreign Resources Corporation, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style NB18S100/B (solid), NB28S105/B (print), 41532/NB18S101/B (solid), 41533/NB18S100/B (print) and 42503/4 (multiple colors), is a men’s swim trunk made of a woven 100% polyester fabric with a visible polyurethane coating on the inner surface. The garment has a fully elasticized waistband, a functional drawstring threaded through the waistband and encircling the waist, side seam pockets with a mesh lining, patch pockets on the legs and right rear with drain holes and flap closures secured by hook and loop fasteners and a lightweight support liner.

The applicable subheading for styles NB18S100/B (solid), NB28S105/B (print), 41532/NB18S101/B (solid), 41533/NB18S100/B (print) and 42503/4 (multiple colors) will be 6210.40.5050, Harmonized Tariff Schedule of the United States (HTSUS), 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 7.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This swimsuit falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 William Raftery at 646-733-3047.


Robert B. Swierupski

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