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NY J85670




June 16, 2003

CLA-2-61:RR:NC:TA:358 J85670

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2028; 6112.41.0020; 6114.30.3070

Evelyn Milling
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of girls’ wearing apparel from Bangladesh

Dear Ms. Milling:

In your letter dated May 30, 2003 you requested a classification ruling.

Submitted style 1777 is comprised of two pieces, each of which is manufactured from knitted fabric of 85% nylon/15% spandex. One of these pieces is a one-piece swimsuit, basically tank-styled. The other of these pieces, manufactured from the same printed fabric as the swimsuit, resembles a short skirt, fully elasticized around the waistband, but slit as a sarong along the entire length of one of the sides.

Submitted style 1778, manufactured from mesh fabric of 100% polyester, is a loosely-fitted, wide-legged pair of trousers, fully elasticized around the waistband through which a drawstring is threaded.

The applicable subheading for the swimsuit of style 1777 will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for swimwear, knitted, girls’of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread, girls’; for the wrap of style 1777 will be 6114.30.3070, which provides for other garments, knitted, of man-made fibers, other, other, girls’; and for style 1778 will be 6104.63.2028, which provides for trousers, knitted, of synthetic fibers, other, other, trousers, girls’, other, other. The duty rates will be 25.1, 15, and 28.4 percent ad valorem, respectively.

The swimsuit and the wrap of style 1777 fall within textile category designation 659, and style 1778 falls within 648. Based upon international textile trade agreements products of Bangladesh 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 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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