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NY L81552




January 5, 2005

CLA-2-61:RR:NC:TA:358 L81552

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5070; 6112.41.0020

Ron M. del Mundo
Gymboree Manufacturing, Inc.
500 Howard Street
San Francisco, CA 94105

RE: The tariff classification of a “coconut” bikini outfit from China

Dear Mr. Del Mundo:

In your letter dated December 17, 2004 you requested a classification ruling.

Submitted sku#100-000989 is comprised of two pieces. The piece that is intended for upperbody wear, the piece that you state can not be worn for immersion in the water, resembles a bra, formed by two discs of coconut into which holes are drilled for connection and for the threading of textile straps of 80% nylon/20% spandex which tie around the neck.

The other piece of this sku#, the outershell of which is manufactured from the same fabric as the straps of the upperbody piece, is a pair of lined briefs into the waistband of which a flounce is sewn.

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

When sized for infants the applicable subheading for this style will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted, of synthetic fibers, other, other, other; and when sized for larger girls it will be 6112.41.0020, HTS, which provides for girls’ swimwear, of synthetic fibers, of fabric containing by weight 5 percent or more elasomeric yarn or rubber thread, girls’. The duty rates will be 16 and 24.9 percent ad valorem, respectively.

In infants’ sizing this style falls within textile category designation 239 and in sizing for larger girls within 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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