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NY K80116




October 31, 2003

CLA-2-61;33:RR:NC:TA:358 K80116

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0020; 3304.10.0000

Anthony Ambrosino
ETA Import & Export Ltd.
1 Cross Island Plaza, Suite 304
Jamaica, NY 11422

RE: The tariff classification of swimwear and cosmetics from Indonesia

Dear Mr. Ambrosino:

In your letter dated October 23, 2003, written on behalf of Fleet Street Ltd., you requested a classification ruling.

Submitted style 13847-3D, is comprised of four components. Three of these components are coordinated swimwear for girls, each of which is manufactured from knitted fabric of 80% nylon/20% spandex. One of these three pieces is a high-cut brief, lined in the crotch. Another of these three pieces is a pullover, which does not reach the waist. The third of these pieces is a pair of shorts through the front mid-section of which an adjustable drawstring is threaded through metal grommets. Inserted into the front of the waistband by means of a plastic tab, and metal d-ring and chain is the fourth component of this style, which is a tube of lip gloss.

As you have requested, the sample style is being returned.

The applicable subheading for the lip gloss will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for lip makeup preparations; and the subheading for the garments will be 6112.41.0020 HTS, which provides for girls’ swimwear, of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread, girls’. The duty rates will be free and 25.1 per cent ad valorem, respectively.

The garments fall within textile category designation 659, but the lip gloss does not. Based upon international textile trade agreements products of Indonesia may be subject to quota and the requirement of a visa. Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Pain Branch Parkway, College Park, MD 20740-3835 or by telephone at (202) 418 3412.

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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