CLA-2-61; 62:RR:NC:TA:358 K81506
Jerry Armani
Mamiye Brothers, Inc.
112 West 34 Street, Suite 1000
New York, NY 10120-0018
RE: The tariff classification of three-piece swimwear for girls from China
Dear Mr. Armani:
In your letter dated November 28, 2003 you requested a classification ruling.
Two of the three pieces of this submission, each of which is manufactured from knitted fabric of 92% nylon/8% spandex, are a bikini-styled bottom and a halter-styled top, which form a swimsuit. The third component of this submission, manufactured from woven fabric of 100% nylon, is a pair of shorts, color-coordinated to be worn with or as part of the swimsuit, and characterized by a partially elasticized waistband, which fastens together above a fly-front opening by means of fasteners which are similar to the VELCRO brand, by a mesh liner, and by a back pocket, constructed with a grommet.
As discussed, this samples of this submission are being retained by this office for reference purposes.
The applicable subheading for the knitted garments will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for …swimwear…girls’…of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread, girls’. The duty rate is 25.1 per cent ad valorem, and will be 24.9 per cent ad valorem in 2004.
The applicable for the woven garment will be 6211.12.1020 HTS, which provides for …swimwear; other garments, swimwear…girls’, of man-made fibers, girls’. The duty rate is 13 per cent ad valorem, and will be 11.8 per cent ad valorem in 2004.
The three garments fall within textile category designation 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