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NY M80143




February 2, 2006

CLA-2-61:RR:NC:TA:358 M80143

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0020

Ms. Wendy Lawson
Sears Holding Corporation
Dept. 733IMP-A3-368B
333Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of girl’s swimsuit from China.

Dear Ms. Lawson:

In your letter dated January 25, 2006, you requested a tariff classification ruling. The sample is being retained for reference purposes.

The submitted sample, item number 466115, is a girl’s one-piece floatation type swimsuit. The article has short hemmed sleeves, short hemmed leg openings, a stand-up collar and a zipper back opening. The upper torso portion has three interior mesh pockets into which are fitted removable rigid foam inserts. The article can be used as swimwear with or without the foam inserts. The one-piece swimsuit is made of stretch knit fabric that is 82 percent nylon, 18 percent spandex. For ruling purposes it is assumed the article is sized for girls 2-6x.

The applicable subheading for the swimsuit, item number 466115 will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ swimwear, of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread, girls’. The rate of duty will be 24.9 percent ad valorem.

The submitted sample falls within textile category designation 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.cpb.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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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