United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY J81636 - NY J81682 > NY J81681

Previous Ruling Next Ruling
NY J81681




March 12, 2003

CLA-2-62:RR:NC:WA:355 J81681

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040; 6211.11.1010; 6211.11.1020

Ms. Marta de la Cuesta
Sherry Manufacturing Company, Inc.
3287 NW 65th Street
Miami, Fl 33147

RE: The tariff classification of swimwear from China

Dear Ms. de la Cuesta:

In your letter dated February 26, 2003, you requested a classification ruling.

You submitted three garments which you state are swimwear. They are sized for infants, toddlers and adult males. Style 015 is an infants swim trunk, sized 12M. This garment’s outer short is made of 100 percent woven nylon fabric. The garment features an inner liner made of knit polyester, an elasticized waistband with a drawcord and a small back patch pocket. Style 016 is the toddlers swim trunk, sized 2T. The outer short of the trunk is made of 100 percent nylon woven fabric with an inner liner of 100 percent polyester knit fabric. The garment features an elasticized waistband, a lace up front, the cord only extending through the laces and not the entire length of the waist, and a side leg patch pocket with a flap and two metal grommet holes to provide drainage. The adult swim trunk, style 017, is made of the same shell and liner fabric as the two other samples, that is, woven nylon for the trunk shell, and knit polyester for the liner. The garment features an elasticized waistband with a drawcord that extends the entire length of the waist, two side seam pockets partially lined with the knit mesh liner fabric to provide drainage, and a back patch pocket with grommet holes for drainage.

The applicable subheading for style 015 will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of synthetic fibers, other, other, other. The duty rate will be 16.1 percent ad valorem.

The applicable subheading for style 016 will be 6211.11.1020, HTS, which provides for track suits, ski-suits and swimwear, other garments, swimwear, men’s or boys’ of man-made fibers, boys’. The duty rate will be 28 percent ad valorem.

The applicable subheading for style 017 will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments, swimwear, men’s or boys’, of man-made fibers, men’s. The duty rate will be 28 percent ad valorem.

Style 015 falls within textile category designation 239. Style 016 and 017 fall within textile category designation 659. Based upon international textile trade agreements products of China 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 R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: