CLA-2-62:RR:NC:TA:3:358 C89308

Mr. Ray Meighan

Federated Merchandising Group

1440 Broadway

New York, N.Y. 10018

RE: The tariff classification of a pair of boy's swim trunks from Malaysia.

Dear Mr. Meighan:

In your letter dated June 22, 1998, you requested a tariff classification ruling.

The submitted sample, Style #2700000430 is a pair of boy's 100% nylon swim trunks. The garment is woven and features an elasticized drawstring waist, a Velcro-like fly front, and a polyester mesh lining. The swim trunks also have a right front patch pocket with a Velcro-like closure and hemmed leg openings.

You state in your letter that the garment will be imported in boys' sizes 2-7X.

We are returning your sample as you requested.

The applicable subheading for the swim trunks will be 6211.11.1020 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, boys'. The duty rate will be 28.9% ad valorem.

The swim trunks, fall within textile category designation 659. Based upon textile trade agreements, products of Malaysia are presently subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Bruce Kirschner at 212-466-5865.

Sincerely,

Robert B. Swierupski

Director

National Commodity

Specialist Division