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NY M81012

April 3, 2006

CLA-2-62:RR:NC:3:353 M81012


TARIFF NO.: 6211.12.1010

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of swimwear from Vietnam.

Dear Mr. Hoffacker:

In your letter dated March 3, 2006, on behalf of Supreme International, you requested a classification ruling. As requested, the samples will be returned to you.

The submitted sample, Style # X60666 Ladies Swimwear Set (Orange), consists of a two-piece swimsuit styled as tankini and short pieces. The tankini top is constructed of knit 92% polyester, 8% spandex fabric. The sleeveless pullover top features narrow arm straps and a built-in shelf bra. The men’s-cut short-style bottom garment is constructed of woven 100% polyester fabric. The rear half of the waist of the bottom garment is elasticized, and features a drawstring cord that is threaded and drawn through two grommets at the center of the front of the waistband, a front zipper closure secured by a top snap, a knit liner, and two front patch pockets with drainage holes. The merchandise is sold as a two-piece coordinated suit and not sold as separates.

The applicable subheading for the Style # X60666 Ladies Swimwear Set (Orange) will be 6211.12.1010, Harmonized Tariff Schedule of the United States (HTSUS), 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 11.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style # X60666 Ladies Swimwear Set (Orange) falls 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.

Your inquiry does not provide enough information for us to give a classification ruling on the Style # X60665 Ladies Swimwear Set (Blue). Your request for a classification ruling should include additional information regarding the skirt-like lower body garment of the set. Please provide specific literature or marketing information; will the item be marketed solely as swimwear or as a multi-use sports garment? The lower body garment features two full-size pockets without an apparent means of drainage; please explain the lack of drainage and purpose of the full-size pockets. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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