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NY L86416




August 8, 2005

CLA-2-61:RR:NC:WA:361 NY L86416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0010; 6114.30.3070

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of women’s garments from China.

Dear Ms. Fox:

In your letter dated July 20, 2005, you requested a classification ruling for women’s knit garments from China on behalf of Jones Apparel Group. The submitted samples will be returned to you, as requested.

Style U3JARL390 is a woman’s knit two-piece bikini bathing suit of 95 percent nylon and five-percent spandex knit fabric. The top of the bikini has string ties that fasten around the neck and behind the back. The bikini bottom has string ties that fasten at the hip.

Style U3JARL650, which you describe as a “sarong skirt” is constructed from 95 percent nylon, five-percent spandex knit fabric. The garment measures 36 inches wide and 14 inches long and fastens at the waist by means of extended self-fabric. The garment is not considered a skirt, since it gaps below the ties.

The applicable subheading for the bikini, style U3JARL390 will be 6112.41.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Swimwear, knitted or crocheted: Women’s or girls’: Of synthetic fibers. The duty rate will be 24.9% ad valorem.

The applicable subheading for the sarong, style U3JARL650 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 14.9% ad valorem.

Both styles fall within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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