The tariff classification of men’s swimwear from Macau, Hong Kong or China

NY J81176 February 21, 2003 CLA-2-62:RR:NC:WA:355 J81176 CATEGORY: Classification TARIFF NO.: 6211.11.1010 Ms. Jennifer Scott Expediter’s International of Washington, Inc. 21318 64th Avenue South Kent, WA 98032 RE: The tariff classification of men’s swimwear from Macau, Hong Kong or China Dear Ms. Scott: In your letter dated February 10, 2003, you requested a classification ruling on behalf of Viewpoint International. Three samples of men’s swimwear were submitted and will be returned as you have requested. All three styles of swim shorts are made of 100 percent woven nylon fabric, with an elastic waistband, a functional drawcord, one inner coin pocket and a knit mesh liner. Style T9208 additionally features a zippered front fly with a button to close the waistband, two side pockets with mesh linings, a side seam zippered pocket with grommets for drainage, side vents on the hemmed leg openings, and a back pocket with a hook and loop fabric tape closure and mesh lining fabric. Style T9146 additionally features a fake front fly, two side pockets with mesh linings and a back pocket with a button closure and two grommets for drainage. Style T9156 additionally features a zippered front fly with a button to close the waistband, two side pockets with mesh linings, a side seam zippered pocket with grommets for drainage and a back pocket with a hook and loop fabric tape closure and mesh lining fabric. In your letter you state that these styles will be marketed and sold as swimwear. The applicable subheading for styles T9208, T9146 and T9156 will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments; swimwear, men’s or boys’, of man-made fibers, men’s. The duty rate will be 28 percent ad valorem. Styles T9208, T9146 and T9156 fall within textile category designation 659. Based upon international textile trade agreements products of Macau, Hong Kong and China 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division