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NY H84426

August 9, 2001

CLA-2-61:RR:NC:WA:355 H84426


TARIFF NO.: 6112.31.0010

Ms. Kristi L. Brokow
Adidas America, Inc.
541 N.E. 20th Avenue, Suite 207
Portland, OR 97232

RE: The tariff classification of men’s swimwear from China

Dear Ms. Brokaw:

In your letter dated August 6, 2001, you requested a classification ruling.

You submitted two styles of men’s swimwear which appear to be identical in all aspects except for color. They are identified as styles S2140033 and S2140034. The garments are stated to be made of 80 percent nylon and 20 percent lycra knit material. The garments feature an interior drawstring, non-slip elastic banding the interior of the waistband and the bottoms of each leg. There is a polyester tricot lining in the front of each garment. You state in your letter that these styles are designed, developed and marketed as swim products, and will be sold to stores which specialize in swimwear , or, in more diverse stores, will be sold alongside other swimwear. Your samples will be returned as you have requested.

The applicable subheading for styles S2140033 and S2140034 will be 6112.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, knitted or crocheted, men’s or boys’ swimwear, of synthetic fibers, men’s. The duty rate will be 26.4 percent ad valorem.

Styles S2140033 and S2140034 fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Camille Ferraro at 212-637-7082.


Robert B. Swierupski

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