CLA-2-61:RR:NC:TA:N3:358 C85002

Ms. Susan R. McCabe
The Hipage Company, Inc.
227 E. Plume Street
Norfolk, Virginia 23510

RE: The tariff classification of a girl's swimsuit from Malaysia.

Dear Ms. McCabe:

In your letter dated February 11, 1998, on behalf of your client Swimways Corp., you requested a tariff classification ruling.

The submitted sample no style number indicated, is a girl's 100% nylon swimsuit. The garment is knit and features an elasticized scoop neckline, elasticized armhole openings, rigid insertable and removable styrofoam inserts, and elasticized leg openings. The swimsuit can be worn with, and without, the styrofoam inserts.

In a telephone conversation with you on March, 1998, you stated that the swimsuit will be imported for girls in sizes 4-5. The applicable subheading for the swimsuit will be 6112.41.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, knitted or crocheted, women's or girls' swimwear, of synthetic fibers, other, girls'. The rate of duty will be 25.9% ad valorem.

The swimsuit falls 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