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NY C82073

December 3, 1997

CLA-2-62:RR:NC:3:TA:355 C82073


TARIFF NO.: 6104.62.2030, 6112.49.0010

Ms. Zoe Cook
Sphere Clothing
236 Fremont Street
San Francisco, CA 94105

RE: The tariff classification of ladies' swimwear and shorts from Peru.

Dear Ms. Cook:

In your letter dated November 24, 1997 you requested a tariff classification ruling. As you requested your samples are being returned.

Six samples of knit women's garments were submitted. The six samples are composed of knit fabric of 90% cotton and 10% lycra. Style 115 is a string bikini bottom which fastens on the left side. Style 114 is a sport bikini bottom. Both garments are partially lined. Style 116 is a sport bikini short; it is unlined and has a fully elasticized waist. Style 111 is a sport bikini bra-type top. Style 112 is a string bikini bra-type top with four straps for fastening. Style 113 is a halter bikini top with four straps for fastening. The tops are not lined.

The tops and bottoms will be imported together in approximately equal numbers and will be sold in swimwear departments as mix-n-match bikinis.

When imported together in approximately equal numbers styles 115, 114, 113, 112 and 111 are classified under subheading 6112.49.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit swimwear of cotton. The duty rate is 13.8% ad valorem.

As it is unlined the sport bikini short, style 116, is classified under subheading 6104.62.2030, HTS, which provides for women's knit cotton shorts. The rate of duty is 16.2% ad valorem.

Styles 115, 114, 113, 112 and 111 fall within textile category designation 359. Style 116 falls within textile category designation 348. Based upon international textile trade agreements, products of Peru are subject to 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Gerard Shea at 212-466-5878.


Robert B. Swierupski

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