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NY N020926

January 9, 2008



TARIFF NO.: 6112.41.0010

Maryellen West
The Folsom Corporation
43 McKee Drive
Mahwah, NJ 07430

RE: The tariff classification of a swim top from Taiwan.

Dear Ms. West:

In your letter dated December 12, 2007, you requested a classification ruling. As requested, the sample will be returned.

The submitted sample is a swim top constructed of warp knit 83% nylon, 17% spandex fabric that comes in Style #s W20101, W20102, W20103, W20104 and W20207. The woman’s reversible halter-style swim top covers the chest, ties at the back and neck, and features a soft cup.

The applicable subheading for Style #s W20101, W20102, W20103, W20104 and W20207 will be 6112.41.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Track suits, ski-suits and swimwear, knitted or crocheted: Women’s or girls’ swimwear: Of synthetic fibers, Of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread: Women’s.” The duty rate will be 24.9% 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 #s W20101, W20102, W20103, W20104 and W20207 fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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