CLA-2-61:OT:NC:3:358

Ms. Mika M. McLafferty
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt
399 Park Avenue
25th Floor
New York, NY 10022-4877

RE: The tariff classification of a toddler’s swimsuit from China

Dear Ms. Mc Lafferty:

This letter replaces N031394 dated June 23, 2008. You advise in your letter dated July 1, 2008, on behalf of Mocean Group, LLC, that the subject swimsuit will be imported in toddler sizes and girl’s sizes. The original ruling request indicated only toddler sizes. The changes are contained in the following text.

The submitted sample, style TTCR 7113 is a one piece swimsuit constructed of knit 82% nylon, 18% spandex fabric. The swimsuit contains a lining and features two straps measuring one centimeter each that are sewn into the front and back of the swimsuit. It also features a skirt that is sewn into the swimsuit roughly two inches above the leg holes. The swimsuit is decorated with an ornamental bow. The swimsuit will be imported in toddler sizes and girl’s sizes (XS (4/5), S (7/8), M (10/12) and XL (14/16).

The submitted sample was returned to you. The applicable subheading for style TTCR7113 will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear, knitted or crocheted: women’s or girls’ swimwear: of synthetic fibers: of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread: girls’. The duty rate will be 24.9 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style TTCR7113 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division