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NY G80392




August 16, 2000

CLA-2-61: G03 G80392

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5020; 6111.30.5040; 6112.41.0020; 6114.30.3070; 6505.90.6030

Diane L. Weinberg
Meeks & Sheppard
330 Madison Avenue, 39th Floor
New York, NY 10017

RE: The tariff classification of a swimsuit, coverup and hat from Thailand

Dear Ms. Weinberg:

In your letter dated August 4, 2000 you requested a tariff classification ruling on behalf of your client, Celebration, Inc.

You have submitted a knitted swimsuit, coverup and hat. You state that the swimsuit and hat are 85% polyester and 15% spandex, and the coverup is 100% polyester. The swimsuit is a one-piece pull-on garment with an overskirt. The coverup is sleeveless, open on the sides and has a slight v neckline in the front. It is pulled on over the head and snapped closed under the arms. There are two pairs of self-fabric narrow tie strings joining the remainder of the front and back panels. The hat is a pull-on style with a fully covered band of knitted elastic. Matching appliques appear on each item. You have indicated that these items will be imported in various sizes and combinations.

If all three items are imported together, or if only the swimsuit and coverup are imported together, the applicable subheading in babies sizes, 12 and 24 months, will be 6111.30.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies’ garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other: Sets. The rate of duty will be 16.4 percent ad valorem.

If the swimsuit and coverup in babies’ sizes are imported separately, the HTS for both of them will be 6111.30.5040, which provides as above, but for Other: Other. The rate of duty will be 16.4% ad valorem. The subheading for the hat, if imported separately, will be 6505.90.6030, which provides for Hats and other headgear, knitted or crochetedOf man-made fibersNot in part of braid: For babies. The rate of duty will be 27.9cents per kilogram and 9.8 percent ad valorem.

The applicable subheading for the swimsuit in girls’ sizes 2T through 6X will be 6112.41.0020, 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 thread: Girls’. The rate of duty will be 25.5 percent ad valorem.

The applicable subheading for the coverup in girls’ sizes 2T through 6X will be 6114.30.3070, HTS, which provides for Other garments, knitted or crocheted: Of man-made fibers: Other: Other: Women's or girls'. The rate of duty will be 15.4 percent ad valorem.

The babies’ set and the babies’ size items fall within textile category designation 239, while the swimsuit and coverup in girls’ sizes, fall within category 659. Based upon international textile trade agreements, products of Thailand in category 659 are subject to quota and the requirement 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 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 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,

Alice M Rigdon
Port Director

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