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HQ 963386




April 24, 2002

CLA-2: RR:CR:TE 963386 SG

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0010

Alan Klestadt, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-3397

RE: Request for Binding Ruling; Women’s Swimwear Bottoms and Coordinating Swimwear Tops; Imported in Separate Shipments; Mix and Match Swimwear; Swimwear Sets; Heading 6112 HTSUS

Dear Mr. Klestadt:

This is in response to your request on behalf of your client, Signal/Tahiti Apparel, Inc., dated July 13, 1999, concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of women's knit swimwear tops and bottoms to be sold at retail either as sets or as mix and match swimwear. The garments will be imported from Korea. Two samples of women's tops and two samples of coordinating bottoms were provided to this office for examination.

FACTS:

All four submitted samples are women's garments constructed of 80 percent nylon and 20 percent spandex knit fabric and are lined with 100 percent nylon fabric.

Style SB2912 is a swimwear top, similar in design to a racer back tank top, which ends just below the bosom. It is fully lined, has padded cups, shoulder straps, and elastic trim.

Style SB2913 is a string bikini top. It is fully lined, has padded bikini cups with hemmed bottoms; attached "string" that secure around the wearer's neck; and a "string" that goes through the bottom hem of each bikini cup and ties around the back of the wearer's torso.

Style SB2919 is a high cut bikini bottom with a partial liner and elasticized trim around the waistband and leg openings.

Style SB2914 is a swimwear bottom with a partial liner and hemmed "boy leg" bottoms. It features a one-inch wide elastic waistband with frontal grommets through which a drawstring is drawn to tighten the garment around the waist.

You state that the swimwear tops and bottoms will be imported in separate shipments. After importation the articles will be offered and sold at retail level as separate components to provide the consumer the opportunity to mix and match tops and bottoms to meet the consumers needs. You advise that the importer also intends to sell the garments as sets, while allowing the consumer to mix and match the tops and bottoms.

ISSUE:

Whether the submitted samples of separately packaged tops and bottoms of the same color or pattern coordinated, which are imported and sold separately are classifiable as swimwear or as separates under the HTSUSA?

LAW AND ANALYSIS:

Headquarters Ruling Letter (HQ) 965497, dated April 5, 2002, (a copy of which is enclosed) addresses Customs position on the classification of women's swimwear separates substantially similar to those under consideration. In HQ 965497, swimwear separates were classified in heading 6112, HTSUS. Accordingly, we incorporate the LAW AND ANALYSIS section of that ruling into this decision, as it is dispositive of the issue you have raised.

Thus, the merchandise at issue is classified in subheading 6112.41.0010, HTSUSA, as women's knit swimwear.

HOLDING:

The subject swimwear tops and bottoms are classifiable under subheading 6112.41.0010, HTSUSA, which provides for "Track suits, ski-suits and swimwear, knitted or crocheted: Women's or girl's swimwear: Of synthetic fibers: Of fabric containing by weight 5 percent or more elastomeric yarn or
rubber thread: Women's.” The general column one duty rate is 25.2 percent ad valorem and the quota category is 659

Sincerely,

John Durant, Director

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