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NY I81326

May 8, 2002

CLA-2-62:RR:NC:WA:355 I81326


TARIFF NO.: 6211.12.1010

Mr. Miguel Vazquez
Urb. Arbolada
Calle Ausubo, K-15
Caguas, Puerto Rico 00725

RE: The tariff classification of women’s swimwear from Brazil

Dear Mr. Vazquez:

In your letter dated May 1, 2002, you requested a classification ruling.

You submitted pictures and written descriptions of five styles of women’s swimwear. You did not submit any samples. In a telephone conversation you stated that all of the garments are made of woven fabric and all contain linings. They are all sized from extra-small/petite to 2X.

Style 4369 is a two piece bikini made of 85 percent nylon and 15 percent woven spandex fabric. The top fastens halter style by means of tie strings and the bottom is a thong. Style 4404 is a two piece bikini, which fastens by means of tie strings, both top and bottom. It too is made of 85/15 nylon/spandex woven fabric. Style 4434 is a two piece bikini made of 85/15 nylon/spandex woven fabric. The top fastens in a halter fashion and features an elasticized underwire bra styling. The bottom is a hi-cut bikini thong. Style 4453 is a two piece bikini made of 88 percent nylon and 12 percent spandex woven fabric. The top is elasticized and has bra underwires. The top is decorated with small sequins. The bottom is a thong with faux pearls set in a design on the front and small strands of pearls dangling from the string sides of the thong. Style 5270 is a one piece bathing suit with a straight tank cut across the top of the bodice and hi-cut leg openings. The suit either fastens with ties at the nape of the neck or these same ties can be attached to the back of the suit as conventional shoulder straps.

The applicable subheading for styles 4369, 4404, 4434, 4453 and 5270 will be 6211.12.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments, swimwear, women’s or girls’, of man-made fibers, women’s. The duty rate will be 14.1 percent ad valorem.

All of these styles fall within textile category designation 659. Based upon international textile trade agreements products of Brazil 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 R. Ferraro at 646-733-3046.


Robert B. Swierupski

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