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NY G85331




January 26, 2001

CLA-2-61:RR:NC:WA:361 G85331

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6114.30.3060; 6114.30.3070

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

RE: The tariff classification of various garments from Germany.

Dear Mr. Quinter:

In your letter dated December 11, 2000, you requested a classification ruling for several knit garments on behalf of Medusa Imports, Inc. As you have requested, these garments are being returned to you.

Style B7745 is a one-piece woman’s garment constructed from 68% nylon, 32% spandex knitted fabric. The backless upper portion of the garment is halter styled, with a scoop neckline extending to form straps that fasten behind the neck with a plastic clasp. The lower portion of the garment covers the lower torso in front and back, but is open at the sides, connected with three narrow strips of fabric.

Style B0528 is a one-piece woman’s garment constructed from 68% nylon, 32% spandex knitted fabric. The upper portion of the garment has a v-shaped neckline in front, and shoulder straps that cross in the back. The lower portion of the garment covers the lower torso in front and back, but is open at the sides, and ties at the waist.

Style C3637 is a two piece woman’s garment constructed from 68% nylon, 32% spandex knitted fabric. The bikini styled bra top fastens around the neck and back with ties. The bikini styled bottom is high cut at each side, and has elastic around the waist and leg openings.

Style E3350 is a man’s garment, similar in style to a brief, constructed from 68% nylon, 32% 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 the top of style C3637 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of man-made fibers: tops: women’s or girls’. The rate of duty will be 28.9 percent ad valorem.

The applicable subheading for styles B7745, B0528, and the bottom of style C3637 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of man-made fibers: other: women’s or girls’. The rate of duty will be 15.3 percent ad valorem.

The applicable subheading for style E3350 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 15.3 percent ad valorem.

The top of style C3637 falls within the textile category designation 639; the balance of the garments fall within 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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