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NY K80194




October 31, 2003

CLA-2-61:RR:NC:TA:358 K80194

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5040; 6112.41.0020

Fifi Pudjijanto
Gap Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of infants’ and girls’ swimwear from Hong Kong

Dear Ms. Pudjijanto:

In your letter dated October 27, 2003 you requested a classification ruling.

Each of submitted styles 234980 and 234981, manufactured from knitted fabric of 80% nylon/20% spandex, is comprised of two pieces. One of these pieces is a panty-like garment, crotch-lined and fully elasticized around the waistband. The other of the pieces is a short-sleeved, round-necked, pullover garment.

As you have requested, the sample garments are being returned.

When sized for infant girls the applicable subheading for both styles will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of synthetic fibers, other, other, other; and when sized for larger girls it will be 6112.41.0020, which provides for swimwear, knitted, 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 16.1 and 25.1 per cent ad valorem, respectively.

In infants’ sizes the styles fall within textile category designation 239 and in larger sizes for girls’ within 659. Based upon international textile trade agreements products of Hong Kong may be 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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