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NY N013738




July 6, 2007

CLA-2-62: RR:NC:TA:N3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0020

Mr. Michael Khorsandi
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue 25th Floor
New York, NY 10022-4877

RE: The tariff classification and status under the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) of girls’ swimwear from El Salvador

Dear Mr. Khorsandi:

In your letter dated June 29, 2007 on behalf of your client Babyfair Inc., you requested a ruling on the tariff classification and status under the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) of girls’ swimwear from the Dominican Republic.

Two samples were submitted with your request. Style 2101R is a one piece swimsuit with asymmetrical shoulder straps and a band of self fabric bordering the shoulder strap and exposed upper body. An organza flower is sewn to the front neckline at the shoulder strap. Style 2100R is a two piece swimsuit. The bra style top has ruffle fabric and organza trim. The panty style bottom has ruffle organza trim surrounding the waist. The shell fabric for both garments is 92% polyester, 8% spandex. The fabric is knit in the United States from yarn formed in the United States. The polyester lining is formed in China. The elastic and sewing thread will originate either in the United States or a designated CAFTA country. All cutting, sewing and packing will occur in the Dominican Republic. The polyester organza trim will originate in China. The essential characteristic of the swimsuits is imparted by the 92% polyester, 8% spandex shell fabric.

The samples are retained for reference purposes.

The applicable subheading for the girls’ swimsuits, styles 2101R and 2100R will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other swimwear, knitted or crocheted, women’s swimwear, of synthetic fibers, of fabric containing by weight 5 Percent or more elastomeric yarn or rubber thread, girls’. The rate of duty is 24.9 percent ad valorem.

Girls’ synthetic fiber swimsuits fall 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.

General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if—

(i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement;

(ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and—

(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or

(B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;
and the good satisfies all other applicable requirements of this note; or

(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.

The girls’ swimsuits, styles 2101R and 2100R, consist of various garment components. Chapter 61, Chapter Rule 2 states in pertinent part:

For purposes of determining whether a good of this chapter is originating, the rule applicable to that good shall only apply to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in the rule for that good.

The component that determines the tariff classification of the good is the 92% polyester, 8% spandex fabric. For this fabric General Note 29 (n) 61.35 requires:

A change to subheadings 6112.31 through 6112.49 from any other chapter, except from headings 5111 through 5113, 5204 through 5212, 5310 through 5311, chapter 54, headings 5508 through 5516, 5801 through 5802 or 6001 through 6006, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties.

The 92% polyester, 8% spandex fabric is knit in the United States from yarn made in the United States. The merchandise qualifies for preferential treatment under DR-CAFTA because it meets the requirements of General Note 29(n) Chapter 61, rule 61.35.

Based on the facts provided, the goods described above qualify for DR-CAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 29(b) (ii) (A). The goods will therefore be entitled to a free rate of duty under the DR-CAFTA upon compliance with all applicable laws, regulations, and agreements. Based on the information you supplied, the girls’ swimsuits, styles 2101R and 2100R are eligible for duty free treatment under the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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