CLA-2-61:RR:NC:TA:358 K80716

Carol Krupskas
KAT Import Brokers
Airport Ind. Office park Bldg B4A
Valley Stream, NY 11581

RE: The tariff classification of swimwear and coordinated apparel for girls from China

Dear Ms. Krupskas:

In your letter dated November 19, 2003, written on behalf of Haddad Apparel Group Ltd., you requested a classification ruling.

Submitted style DOR-SWMSN-234 is comprised of two components. One of these components is a two-piece swimsuit, manufactured from knitted fabric of 90% nylon/10% spandex. One of the pieces of this swimsuit is a bikini-styled panty; the other of the pieces is a bra-styled top. The other component of this style is a pair of trousers, fully elasticized around the waistband, manufactured from mesh fabric of 100% nylon.

As you have requested, the sample style is being returned.

The applicable subheading for the trousers of this style will be 6104.63.2028, Harmonized Tariff Schedule of the United States (HTS), which provides for …girls’…trousers…knitted…, of synthetic fibers, other, other, trousers…, girls’, other, other; and for the two-piece swimsuit of this style will be 6112.41.0020, which provides for …girls’ swimwear, of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread, girls’. The duty rates will be 28.4 and 25.1 percent ad valorem, respectively.

The trousers of this style fall within textile category designation 648 and the swimsuit within 659. Based upon international textile trade agreements products of 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 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division