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NY D80516




August 13, 1998

CLA-2-61:RR:NC:3:TA:355 D80516

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0010

Mr. William F. Sullivan
MSAS Customs Logisitics Inc.
248-06 Rockaway Boulevard
Jamaica, NY 11422

RE: The tariff classification of swimwear from Taiwan.

Dear Mr. Sullivan:

In your letter dated July 21, 1998, on behalf of Newport News, Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted five samples. Style S99-04-081, is a women's swimwear bottom of knitted fabric of 90% polyester and 10% spandex. This item has hi-cut leg openings and an elasticized waist and leg openings.

Style S99-04-082, is a women's swimwear thong bottom of knitted fabric of 90% polyester and 10% spandex. It has an elasticized waist and elasticized leg openings.

Style S99-04-078, is a women's swimwear top of knitted fabric of 90% polyester and 10% spandex. The bra top features molded cups, side stays, a back hook closure and attached adjustable straps that are looped through a metal ring attached to the top middle of the garment front.

Style S99-04-080, is a women's swimwear top of knitted fabric of 90% polyester and 10% spandex. The bra top features molded cups, a back closure and attached straps.

Style S99-04-079, is a women's swimwear top of knitted fabric of 90% polyester and 10% spandex. The camisole type top features a square neckline, a plunging back and hemmed bottom. The garment just about reaches the waist.

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 25.9% ad valorem.

You state the garments will be imported in the same shipment and that tops and bottoms will be imported in approximately equal numbers. The garments will be sold as sets. Advertising was enclosed.

The samples submitted fall within textile category designation 659. 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,

Robert B. Swierupski
Director,

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