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NY C83064





January 23, 1998

CLA-2-61:RR:NC:3:353 C83064

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060; 6114.30.3070

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of "Triathlete" swimsuits from Mexico.

Dear Ms. Cumins:

In your letter dated January 13, 1998, on behalf of Authentic Fitness Corporation, you requested a tariff classification ruling.

The submitted samples are swimsuits which you state are worn for all three triatholon events, swimming, bike riding and running. Style 707379 is a mens' bikini style garment composed of knit 78% nylon and 22% spandex fabric. It features a hidden drawstring, a padded seat of polyester fabric and it is lined in a knit polyester fabric. Style 707101 is a women's triathlete swimsuit. The swimsuit is a one-piece garment with a scooped neck, T-back and a padded seat. It is composed of a knit fabric composed of 78% nylon and 22% spandex with side panels and back of 85% spandex and 15% polyester. There is elastic around the shoulder straps, the leg openings and the T-back. The feature that makes these swimsuits unique is the padded seat which is not ordinarily used in swimsuits.

The applicable tariff provision for style 707379 will be 6114.30.3060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Men's or boys'.

The applicable tariff provision for style 707101 will be 6114.30.3070, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Women's or girls'. The general rate of duty for styles 707379 and 707101 will be 15.6% ad valorem, and they fall within the textile category 659. However products from Mexico are not subject to quota restraints and visa requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 353 at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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