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NY G83134





October 13, 2000

CLA-2-61:RR:NC:3:TA:355 G83134

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0010

Ms. Aliza Librach
Delia's
435 Hudson Street
New York, NY 10014

RE: The tariff classification of swimwear from Taiwan.

Dear Ms. Librach:

In your letter dated October 5, 2000, you requested a classification ruling.

Your submitted sample, style 23122, is a women's one-piece swimsuit of knitted fabric of 90% nylon and 10% spandex. In your letter you state the actual production garment will be made of silver. We assume this is silver in color and that the fabric’s fiber content will remain 90% nylon and 10% spandex. The swimsuit features shoulder straps, a scooped back with a strap across the back fastened with a plastic hook, a 100% nylon lining and hi-cut elasticized leg openings.

The applicable subheading for style 23122, 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 25.5 percent ad valorem.

Style 23122 falls 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 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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director National Commodity

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