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NY G86194




February 2, 2001

CLA-2-61:RR:NC:WA:355 G86194

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.49.0010

Ms. Stephanie A. Goldfischer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a women’s swimsuit from Taiwan.

Dear Ms. Goldfischer:

In your letter dated January 5, 2001, you requested a classification ruling on behalf of In Mocean Group.

A sample representative of two styles of women’s swimwear was submitted. The two styles differ only in size range, style ASL20231W is sized small, medium and large; style ASW20231W is sized 1X, 2X and 3X. The garment is a lined women’s one-piece swimsuit. The top part is constructed of 80 percent nylon and 20 percent spandex knit fabric. The bottom portion, which resembles a skirt, is constructed of 54 percent cotton, 36 percent polyester and 10 percent spandex knit fabric. The garment has an attached belt, which is made of fabric matching that of the bottom portion of the swimsuit. In your letter, you state that the bottom portion of the garment comprises approximately 65 percent of the surface area of the garment and 68 percent of the total weight of the garment. You state that the top comprises approximately 35 percent of the surface area and 32 percent of the total garment weight.

The applicable subheading for styles ASL20231W and ASW20231W 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 13.4 percent ad valorem.

Styles ASL20231W and ASW20231W fall within textile category designation 359. Based upon international textile trade agreements products of Taiwan 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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