CLA-2-61:RR:NC:TA:358 L85792

Jerry Armani
Mamiye Brothers, Inc.
112 West 34th Street, Suite 1000
New York, NY 10120-0018

RE: The tariff classification of a swim set for girls’ wear from China

Dear Mr. Armani:

In your letter dated June 21, 2005 you requested a classification ruling.

Submitted style SK 3408 is comprised of two parts. One of these parts, manufactured from knitted fabric of 100% nylon, is a two-piece swimsuit, portions of which are overlaid with mesh fabric. The other of the parts of this style is a light-weight poncho, manufactured from coordinated, mesh fabric of 100% nylon that is not woven.

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

The applicable subheading for the two-piece swimsuit of this style will be 6112.41.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for …girls’ swimwear, of synthetic fibers, other, girls’; and for the poncho of this style will be 6114.30.3070, HTS, which provides for other garments, knitted or crocheted, of man-made fibers, other, other, … girls’. The duty rates will be 24.9 and 14.9 per cent ad valorem, respectively.

Both the swimsuit and the poncho fall within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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