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NY K87074




June 21, 2004

CLA-2-61:RR:NC:WA:358 K87074

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2020; 6112.41.0020; 6114.30.3070

Mr. Bruce Roberts
Eagle Global Logistics
1801 N.W. 82 Avenue
Miami, Florida 33126-1013

RE: The tariff classification of girls’ swimwear sets with sarongs and skirts from Thailand

Dear Mr. Roberts:

In your letter dated June 10, 2004 you requested a classification ruling on behalf of Jantzen Inc.

You submitted samples of two girls’ swimsuits with matching lower body garments. All items made of 86% polyester and 14% spandex knit fabric. Both swimsuits consist of two pieces, a bra and a panty and an additional piece that encircles the waist. The Style N55071 swimsuit set includes a skirt and the Style N55076 swimsuit set includes a sarong wrap. The sarong wrap does not completely enclose the lower body area in the vicinity below the waist. The items are in girls’ size 10. The samples will be returned as you have requested.

The applicable subheading for the swim suits of styles N55071 and N55076 will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ swimwear, knitted or crocheted, 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 skirt of style N55071 will be 6104.53.2020, HTS, which provides for skirts and divided skirts, knitted or crocheted, of synthetic fibers, other, girls’. The duty rate will be 16% ad valorem.

The applicable subheading for the sarong wrap of style N55076 will be 6114.30.3070, HTS, which provides for other garments, knitted or crocheted, of man-made fibers, other, other, women’s or girls’. The duty rate will be 14.9% ad valorem.

The swimsuits of styles N55071 and N55076 fall within textile category designation 659. The skirt of style N55071 falls within textile category designation 642. The sarong of style N55076 falls within category designation 659. Based upon international textile trade agreements swimsuits and sarong wraps of Thailand 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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