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NY B88066




August 18, 1997

CLA-2-61:RR:NC:3:TA:355 B88066

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.49.0010

Mr. Thomas Caldecot Chubb, III
Oxford Industries, Inc.
222 Piedmont Avenue, N.E.
Atlanta, GA 30308

RE: The tariff classification of swimwear from Taiwan

Dear Mr. Chubb:

In your letter dated July 29, 1997, you requested a classification ruling. As requested, the samples will be returned to you.

You submitted five samples. Style 4018, is a knitted boy leg women's swim bottom. It is made of knitted fabric of 54% cotton, 36% polyester and 10% spandex. It has a fully elasticized waistband that measures 1 3/4" wide and has four grommets with a cord laced between them. Style 4017, is also a women's swimwear bottom of knitted fabric of 54% cotton, 36% polyester and 10% spandex. This item has hi-cut leg opening, a front liner and a 1" wide fully elasticized waistband.

Style 4014 is a crop-style sleeveless swim top. It has a T-back, internal shelf bra and an elastic tightening at the bottom. The item is made of a knitted fabric of 54% cotton, 36% polyester and 10% spandex. Style 4015 is a crop-style sleeveless swim top. It has a T-back, internal shelf bra and a elasticized banded bottom. The item is made of a knitted fabric of 54% cotton, 36% polyester and 10% spandex. Style 4016 is a bra-style swim top. It features two cups attached to an elasticized banded bottom that has a plastic hook closure at the back. An elasticized strap is sewn to each cup and the straps tie around the wearer's neck. The item is made of a knitted fabric of 54% cotton, 36% polyester and 10% spandex.

The applicable subheading for the samples submitted, when imported together through packed separately, 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 13.8 percent ad valorem.

You state the garments will be imported in a mix and match swimwear group, the tops and bottoms will be packaged separately and that you anticipate that they will be imported in the same shipment in approximately equal numbers.

The samples submitted fall within textile category designation 359. Based upon international textile trade agreements products of Taiwan are subject to quota restraints and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Gerard Shea at 212-466-5878.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch National Commodity

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