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NY C82364




December 29, 1998

CLA-2-61:RR:NC:3:TA:355 C82364

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0010

Mr. Arthur Danforth
Hyde Athletic Industries, Inc.
Centennial Park
P.O. Box 6046
Peabody, MA 01961

RE: The tariff classification of swimwear from Thailand, Hong Kong and China.

Dear Mr. Danforth:

In your letter dated December 4, 1997, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Style 01812, is a women's swimwear bottom of knitted fabric of 78% nylon and 22% spandex. This item has hi-cut leg opening, a front liner of 83%nylon and 17% spandex and a 1" wide fully elasticized enclosed waistband with a functional drawstring. The bottom has the word "Hind" printed near the waist.

Style 01810 is a crop-style sleeveless swim top. It has a T-back, a sewn in liner of 83% nylon and 17% spandex and an elastic tightening at the bottom. The item is made of a knitted fabric of 78% nylon and 22% spandex. The word "hind" is printed on the back of the elasticized bottom,

The applicable subheading for the samples submitted, when imported together through packed separately, will be 6112.41.0010, 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 synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber threads: women's. The duty rate will be 26 percent ad valorem. The 1998 rate will be 25.9% 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 659. Based upon international textile trade agreements products of Thailand, Hong Kong and China 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,

Robert B. Swierupski
Director, National Commodity

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