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NY E88087




October 26, 1999

CLA-2-61:RR:NC:3:WA:355 E88087

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0010; 6114.30.3070

Ms. Michelle Crebbin
Jantzen,Inc.
410 NE 18th Avenue
Portland, OR 97232

RE: The tariff classification of swimwear from Mexico.

Dear Ms. Crebbin:

In your letter dated September 30,1999, you requested a classification ruling. As requested, the samples will be returned to you.

Your submitted sample, style J2172, is a women's two piece swimsuit of knitted fabric of 90% polyester and 10% spandex. The bikini top features a capping on the armholes extending into shoulder straps that fasten around the neck with a hook closure, the back that is fastened by a hook, capping on the neckline and a sewn in liner. The bottom features hi-cut elasticized leg openings, an elasticized waist and a sewn in liner.

Style J2172 also applies to a mini beach cover-up that will be sold with the swimsuit. The garment is of knitted fabric of 88% nylon and 12% spandex and measures 10 inches in length from the elasticized waist to the hemmed bottom.

The applicable subheading for the swimsuit, 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 25.7 percent ad valorem.

The applicable subheading for the cover-up, will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: women’s or girls’. The duty rate will be 15.5 percent ad valorem.

Both garments fall within textile category designation 659. Based upon international textile trade agreements, textile category 659 from Mexico is not subject to quota restraints and the requirement of a visa at the present time.

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 212-637-7082.

Sincerely,

Robert B. Swierupski
Director National Commodity

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