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July 9, 1999

CLA-2-61:62:RR:NC:TA:3:358 E83063

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0040; 6204.63.3540

Mr. Ralph M. Navedo
Inter-Maritime Forwarding Company, Inc.
39 Broadway
New York, NY 10006

RE: The tariff classification of a girl’s tank swimsuit and a pair of girl’s shorts from Indonesia.

Dear Mr. Navedo:

In your letter dated June 3, 1999, on behalf of your client Breaking Waves, Inc., you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #81460 – a girl’s tank style swimsuit. The garment is constructed of 80% nylon/20% spandex and features a scoop neckline, an oval opening at the center back, and elasticized fabric at the armholes and leg openings.

Style #82460S – a pair of girl’s woven shorts. The garment is constructed of 100% nylon taffeta fabric and features a fake fly front, and a velcro-type front closure. The shorts also have an elasticized back waistband, and hemmed leg openings.

You state in your letter that the swimsuit and the shorts will be imported in girls’ sizes 4-6X and 7-16.

The applicable subheading for the tank style Swimsuit, Style #81460 will be 6112.41.0040, 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, other, girls’. The duty rate will be 25.9% ad valorem.

The Swimsuit falls within textile category designation 659. Based upon textile trade agreements, products of Indonesia are presently not subject to quota restraints or visa requirements.

The applicable subheading for the Shorts, Style #882460S will be 6204.63.3540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, shorts, girls’, other. The duty rate will be 29.5% ad valorem.

The Swimsuit falls within textile category designation 648. Based upon textile trade agreements, products of Indonesia 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 at the Customs Web Site at WWW.CUSTOMS.USTREAS.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 212-637-7079.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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