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NY J81565

March 12, 2003

CLA-2-61:RR:NC:WA:355 J81565


TARIFF NO.: 6104.42.0010; 6112.49.0010

Mr. Bruce D. Roberts
1801 NW 82nd Ave.
Miami, Fl 33126-1013

RE: The tariff classification of women’s crocheted apparel from China

Dear Mr. Roberts:

In your letter dated February 28, 2003, you requested a classification ruling on behalf of Jantzen, Inc.

Three samples of women’s clothing were submitted and will be returned as you have requested. Style TM580 is a crocheted bikini top with string ties. It is made of 100 percent cotton fiber. The bra cups are lined with a knit fabric made of 80 percent nylon and 20 percent spandex. Style TM5801-1 is the matching trunk bottom, made of the same shell and lining fabrics. The trunk is lined in the front, has elastic sewn in along the waist and ties at both sides. Both these garments make up a two piece swim suit. The third garment, identified as style TM578 is an openwork crocheted halter dress. The dress is made of 100 percent cotton and is lined at the bra. The back is elasticized at the top.

The applicable subheading for style TM578 will be 6104.42.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ dresses, of cotton, women’s. The duty rate will be 11.6 percent ad valorem.

The applicable subheading for styles TM580 and TM5801-1 will be 6112.49.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, knitted or crocheted, women’s or girls’ swimwear, of other textile materials, of cotton. The duty rate will be 13.3 percent ad valorem.

Style TM578 falls within textile category designation 336. Styles TM580 and TM5801-1 fall within textile category designation 359. 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 R. Ferraro at 646-733-3046.


Robert B. Swierupski

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