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NY K85374




April 30, 2004
CLA-2-61:RR:NC:WA:355 K85374

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2020; 6112.41.0020

Ms. Kim Young
BDP International, Inc.
2721 Walker Ave., N.W.
Grand Rapids, MI 49504

RE: The tariff classification of girls’ swimwear and skirts from Malaysia

Dear Ms. Young:

In your letter dated April 20, 2004, you requested a classification ruling on behalf of Meijer Distribution.

You submitted samples of two girls’ swimsuits with matching skirts. All the garments are stated to be made of 90% polyester and 10% spandex knit fabric. Both swimsuits are of one-piece construction with scoop backs and narrow shoulder straps. Each suit has a coordinated skirt made in the same fabric. The skirt of style 60942 has a banded waistband with a lace up front. The skirt of style 74942 has a wrap around appearance but is completely sewn together along the waistline. Your samples will be returned as you have requested.

The applicable subheading for the swim suits of styles 60942 and 74942 will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ swimwear: Of synthetic fibers: Of fabric containing by weight 5% or more elastomeric yarn or rubber thread: Girls’. The duty rate will be 24.9% ad valorem.

The applicable subheading for the skirts of styles 60942 and 74942 will be 6104.53.2020, HTS, which provides for Skirts and divided skirts: Of synthetic fibers: Other: Girls’. The duty rate will be 16% ad valorem.

The swimsuits of styles 60942 and 74942 fall within textile category designation 659. The skirts of style 60942 and 74942 fall within textile category designation 642. Based upon international textile trade agreements products of Malaysia 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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