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NY G84454




November 16, 2000

CLA-2-61:RR:NC:WA:355 G84454

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.49.0010

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

RE: The tariff classification of women’s swimwear from the Philippines

Dear Ms. Librach:

This letter is issued to replace NY ruling G83639. The fiber content was misread and the garment was treated as a garment of synthetic fibers. The fiber content for the garment is 92 percent cotton and 8 percent lycra for the shell and 100 percent nylon for the lining. The classification changes to HTS 6112.49.0010. The letter with the corrected changes follows:

In your letter dated October 25, 2000, you requested a classification ruling.

You submitted a sample of a women’s two piece swimsuit, style 23133. You state the fiber content is 92 percent cotton and 8 percent lycra for the shell with a lining material made of 100 percent nylon. The garment is made wholly of knit fabric. The suit is comprised of a halter style top and a “boy short” bottom; both pieces are lined. The suit is sized from extra-small through extra-large.

The applicable subheading for style 23133 will be 6112.49.0010, 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 other textile materials, of cotton. The duty rate will be 13.5 percent ad valorem.

Style 23133 falls within textile category designation 359. Based upon international textile trade agreements products of the Philippines 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 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,

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