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NY C88131

June 4, 1998

CLA-2-61:RR:NC:TA:355 C88131


TARIFF NO.:6112.31.0020, 6112.41.0010

Ms. Judith L. Cassidy
Sport Edition USA
1483 Washington Avenue
Vineland, NJ 08361

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of knit nylon swimwear from Mexico; Article 509

Dear Ms. Cassidy:

In your letter dated May 8, 1998 you requested a ruling on the status of knit nylon swimwear from Mexico under the NAFTA.

Two samples were submitted. A pair of boys' knit brief swim trunks composed of 80% nylon and 20% elastrano. It has a elasticized waistband, a partial liner and a functional drawstring. A knit one piece women's tank top swimsuit composed of 80% nylon and 20% elastrano. It is fully lined.

The applicable tariff provision for the boys' swimwear will be 6112.31.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for boys' knit swimwear of synthetic fibers. The general rate of duty will be 26.9% ad valorem.

The applicable tariff provision for the women's swimwear will be 6112.41.0010, (HTS), which provides for women's knit swimwear of synthetic fibers of fabric containing by weight 5% or more of elastomeric yarn or rubber thread. The general rate of duty is 25.9% ad valorem.

The fabric for the garments is manufactured in Mexico from fiber extruded in Mexico. The elastrano yarn is produced in the U.S. from fiber extruded in the U.S. The garments are knit and sewn in Mexico.

The garments, being wholly obtained or produced entirely in the territory of a NAFTA party, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Gerard Shea at 212-466-5878.


Robert B. Swierupski

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