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NY J82273




March 27, 2003

CLA-2-61;63:RR:NC:TA:358 J82273

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0020; 6307.90.9889

Barbara Meinhardt
Kuehne & Nagel, Inc.
Norfolk Branch
819 West 21st Street
Norfolk, VA 23517

RE: The tariff classification of unisex swimwear for children from China

Dear Ms. Meinhardt:

In your letter dated March 13, 2003, written on behalf of Swimways Corporation, you requested a classification ruling.

The submitted “Easy Swim Shorty”, style 11611/11612, manufactured from knitted fabric of 75% nylon/25% spandex, is a short-legged, short-sleeved, one-piece garment, the zippered front of which extends into the stand-up neckline over which a fastener, similar to the VELCRO brand, is sewn. Sewn into the seams at the back and at each of the fronts are removable, flotation pads, and sewn into the front is a label stating , “This is not a life saving device.”

The applicable subheading for the garment will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for swimwear, knittedgirls’of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarngirls’. The rate of duty will be 25.1 per cent ad valorem.

If the flotation pads were not removable, then the applicable HTS subheading would be 6307. 90.9889, which provides for other made up articlesother. The rate of duty would be 7 per cent ad valorem.

The submitted garment falls 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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