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HQ 952907

January 29, 1993

CLA-2 CO:R:C:T 952907 HP


TARIFF NO.: 6112.41.0010

Mr. William F. Sullivan
Special Services Manager
MSAS Customs Logistics, Inc.
150-16 132nd Avenue
Jamaica, NY 11434

RE: Mix and match women's swimwear imported as separates. HRL 952584 followed.

Dear Mr. Sullivan:

This is in reply to your letter of August 24, 1992. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of ladies' swim suits, produced in Hong Kong. Please reference your client New Hampton, Inc., I.D. No. 13-3422220.


The merchandise at issue consists of women's mix and match swimwear. Seven knit samples were submitted, all composed of 80% nylon and 20% spandex. Style S93-804-24 is a bra top with a hook closure and detachable shoulder straps. Style S93-804-22 is a crop-like garment. Styles S93-804-21 and S93-804-19 are solid (different) colored bikini bottoms with gussets. Style S93-804- 23 is a bra top with shoulder straps and strap closures. Style S93-804-20 is a bikini bottom with a waistband and gusset. The seventh sample, lacking a style number, is a crop-like top design. Styles -21, -19 and -23 match as to fabric and color. The seventh sample matches the multi-colored bottoms -19 and - 20.

You state that the garments are mix and match swimwear which will be packaged separately, but sold at retail as swimsuits. The tops and bottoms will not be imported in equal numbers.


Whether the mix and match garments are classifiable as swimwear or as separates under the HTSUSA?


In HRL 952584 of December 8, 1992, we classified merchandise identical to the garments at issue, except that the mix and match tops and bottoms were imported in equal quantities. That ruling held that where the "bona fide intent of the importer [is] to sell the separately packaged components as sets," and that the separate packaging is to allow "the consumer to personally select the top and bottom combinations which will give the ideal fit," the merchandise is classifiable under heading 6112, HTSUSA, as women's swimwear. See also HRL 088423 of May 20, 1991.

It is our opinion that to classify the instant merchandise differently from that in HRL 952584 merely because this merchandise is imported in differing quantities is unwarranted. As opposed to Yoga Asana suit components, in which tops or bottoms are occasionally sold separately for replacement purposes, the components at issue are invariably sold as sets. See HRL 083458 of August 31, 1990. Therefore, as in HRL 952584, classification as women's swimwear is appropriate.


As a result of the foregoing, the instant merchandise is classified under subheading 6112.41.0010, HTSUSA, textile category 659, as women's swimwear of synthetic fibers. The applicable rate of duty is 26.5 percent ad valorem.

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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


John Durant, Director

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