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NY M82332




May 24, 2006

CLA-2-61:RR:NC:WA:361 NY M82332

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.53.3010; 6204.63.3532

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of two women’s garments from China.

Dear Ms. Fox:

In your letter dated May 9, 2006, you requested a classification ruling for two women’s garments on behalf of A & H Sportswear. The submitted samples will be returned to you, as requested.

Style 28888 is a pair of women’s shorts constructed 100 percent polyester woven fabric. The shorts have a partially elasticized waistband, a front opening with a zipper closure, and a snap at the waist, 2 side seam pockets, a smaller “key” pocket with a flap in the right pocket, and hemmed leg openings. An inner panty styled garment, which you refer to as a swimsuit bottom, is sewn inside the shorts at the waist.

Style 98166 is a women’s skirt with a panty styled inner garment, which you refer to as a swimsuit bottom. This style is constructed from 100 percent polyester woven fabric. The skirt has a flat waistband, a side seam opening with a zipper closure, a rear patch pocket with hook and loop closure, and a plain, hemmed bottom. The inner garment is attached the rear portion of the waistband.

You have indicated that both garments will be sold with a tag that refers to the garments as “Beach Living Separates,” and with advertising that states “Swimwear does more than swim,” implying that the garments may be used as swimwear bottoms, in additional to a more general use. We do not agree. Style 28888 is not considered swimwear, as its pockets do not have a means of drainage. Style 98166 is not considered swimwear, as it does not have a drawstring that encircles the waist, nor does it have pockets with a means of drainage.

The applicable subheading for style 28888 will be 6204.63.3532, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sshorts: Of synthetic fibers. The duty rate will be 28.6% ad valorem.

The applicable subheading for style 98166 will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sdivided skirts: Of synthetic fibers. The duty rate will be 16% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 28888 falls within textile category designation 648; style 98166 falls within textile category designation 642. 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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