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NY J84887




June 3, 2003

CLA-2-61:RR:NC:WA:355 J84887

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0010

Mr. Allan H. Kamnitz
Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of a woman’s knit swim top from Mexico, China or Cambodia

Dear Mr. Kamnitz, Ms. Shira:

In your letter dated May 19, 2003, you requested a classification ruling on behalf of Authentic Fitness Corporation. IN a subsequent letter dated May 27, 2003, you requested classification advice for additional style numbers for the same body garment. This response addresses both of your requests.

A sample identified as style 75662Y3 was submitted and will be returned. The garment is a halter-top which is tied at both the back and around the neck. It is made of 86 percent nylon and 14 percent lycra spandex knit fabric. This same body style with identical fiber content will also be imported as styles 75610Y4, 75614Y4, 75611Y4, 75616Y4, 75618Y4, 75620Y4, 75625Y4, 75626Y4, 75627Y4, and 75677Y4.

The applicable subheading for all of the above styles will be 6112.41.0010 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 synthetic fibers, of fabrics containing by weight 5 percent or more elastomeric yarn or rubber thread, women’s. The duty rate will be 25.1 percent ad valorem.

All of the above styles fall within textile category designation 659. Based upon international textile trade agreements products of Mexico and China are subject to quota and the requirement of a visa. Based upon international textile trade agreements products of Cambodia are not subject to quota, but do require 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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,

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