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NY J89760




October 24, 2003

CLA-2-61:RR:NC:WA:355 J89760

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0020; 6114.30.3070

Mr. Anthony Ambrosino
ETA Import & Export Ltd.
1 Cross Island Plaza, Suite 304
Jamaica, NY 11422

RE: The tariff classification of a girl’s swimsuit and sarong from Indonesia.

Dear Mr. Ambrosino:

In your letter dated October 15, 2003, you requested a classification ruling on behalf of Fleet Street, Ltd.

You submitted a sample of a girl’s one-piece swimsuit with a sarong in a coordinating color. Both garments are identified by a single style number: 13813-3M. For purposes of this ruling letter, we will distinguish between the swimsuit and the sarong by identifying each by name as well as style number. The samples will be returned.

The swimsuit is made of 80% nylon and 20% lycra knit fabric. The tank style suit features crossover straps and high cut leg openings. The sarong is made of 84% polyester and 14% spandex knit mesh fabric.

The applicable subheading for the swimsuit of style 13813-3M will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ swimwear: of synthetic fibers: of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread: girls. The duty rate will be 25.1% ad valorem.

The applicable subheading for the sarong of style 13813-3M will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other: women’s or girls’. The duty rate will be 15% ad valorem.

The swimsuit and the sarong of style 13813-3M fall within textile category designation 659. Based upon international textile trade agreements products of Indonesia 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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