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NY F89810




August 16, 2000

CLA-2-61:RR:NC:WA:361 F89810

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.2010; 6114.30.3060

Mr. Peter A. Quinter
Becker & Poliakoff, P.A.
P.O Box 9057
Ft. Lauderdale, Florida 33310-9057

RE: The tariff classification of other garments from Germany.

Dear Mr. Quinter:

In your letter dated July 14, 2000, you requested a classification ruling for a woman’s and a man’s knit garment on behalf of Medusa Imports, Inc. As you have requested, these garments are being returned to you.

Style B6116 is a woman’s bodysuit constructed from 70% nylon, 30% spandex knitted fabric. The sleeveless bodysuit has straps that extend around the neck, with a plastic clasp closure; low cut back; lined crotch; and hemmed leg openings.

Style E3116 is a man’s garment, similar in style to a brief, constructed from 70% nylon, 30% spandex knitted fabric. The garment has elasticized waistband and leg openings; and a lined crotch.

You have provided information concerning use of these garments as “tan-thru” suits, not as bathing suits. Based on this information, the garments will not be classified as swimwear.

The applicable subheading for style B6116 will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of man-made fibers: bodysuits and bodyshirts, of a fabric containing by weight 5 percent or more elastomeric yarn. The rate of duty will be 32.9 percent ad valorem.

The applicable subheading for style E3116 will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of man-made fibers: Other: Men’s or boys’. The rate of duty will be 15.4 percent ad valorem. Both garments fall within the textile category designation 659. At present, these garments, from Germany are not subject quota restraints or to a visa requirement.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations 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.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. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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