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NY E88239




October 14, 1999

CLA-2-61:PD:TC:MEF G28

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2060; 6110.30.3055

Mr. Ralph M. Navedo
Director of Import Services
Inter-Maritime Forwarding Company, Inc.
39 Broadway
New York, New York 10006

RE: The tariff classification of a Girls’ Two-Piece Polyester Mesh Beach Cover-Up Set from Indonesia and Korea

Dear Mr. Navedo:

In your letter dated September 28, 1999, you requested a tariff classification ruling on behalf of Breaking Waves Inc., 112 West 34th Street, New York, New York 10120.

The sample submitted consists of two 100% Polyester Mesh Knit garments which you state will be marketed to be worn over swimsuits. The Polyester Mesh Top, Style Number 0001, features an oval front neckline, short sleeves, and a hemmed bottom. The Polyester Mesh Short Pant, Style Number 0002, features a drawstring waist. You state the set will be imported in Girls’ sizes 4-6x and sizes 7-16. The set will be returned to you as requested.

The applicable subheading for the Girls’ 100% Polyester Mesh Short Pant will be 6104.63.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Shorts: Girls’: Other. The rate of duty will be 29.1%.

The applicable subheading for the Girls’ 100% Polyester Mesh Top will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or Girls’. The rate of duty will be 33.1%.

The Girls’ 100% Polyester Mesh Knit Short Pant falls within category designation 648. The Girls’ 100% Polyester Mesh Knit Top falls within category designation 639. Based upon international textile trade agreements, products of Indonesia and Korea are subject to quota and the requirements of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent negotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U . S. Customs Service Textile Status Report, an internal issuance of the U. S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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.

Sincerely,

Carole E. Graves
Port Director

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