CLA-2-62:RR:NC:WA:355 G89097

Ms. Dana N. Mobley
JCPenney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of men’s woven shorts and swimwear from the Philippines

Dear Ms. Mobley:

In your letter dated April 3, 2001, you requested a classification ruling.

You submitted two samples of men’s garments which will be returned. Style 5202 is a pair of men’s woven shorts. The garment features an elasticized waistband, a four grommet lace up front with a fake fly, one right front cargo pocket with a flap and a grommet hole at the bottom, an interior coin pocket and a knit mesh liner. Style 5200 is men’s swimwear. The pull-on garment features a fully elasticized waistband with a drawcord which completely encircles the waist and is fully functional, an interior coin pocket, a knit mesh liner, two side slash pockets with mesh lining, and a back patch pocket with two grommet holes to afford drainage.

The applicable subheading for style 5202 will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, shorts, men’s. The duty rate will be 28.4 percent ad valorem.

The applicable subheading for style 5200 will be 6211.11.1010, 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 28.3 percent ad valorem.

Style 5202 falls within textile category designation 647. Style 5200 falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines 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 Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division