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NY N013797




July 17, 2007

CLA-2-61:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.31.00, 6112.41.00

Jamil R. Chaudhury
Savino Del Bene U.S.A. Inc.
149-10 183rd Street
Jamaica, NY 11413

RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of swimwear from the Dominican Republic.

Dear Mr. Chaudhury:

In your letter dated June 28, 2007, on behalf of Swinnerton & Company, you requested a ruling on the status of swimwear from the Dominican Republic under the DR-CAFTA.

You state that the swimwear is constructed of knit 84% nylon, 16% spandex fabric. Rolls of fabric formed in Brazil will be shipped to the Dominican Republic where it will be cut to shape and sewn and assembled into finished swimwear. Addition components are of United States origin.

You state that you cannot obtain a sample of the swimwear at this time. Without a sample of the swimwear, this office cannot ascertain its classification. However, if the merchandise were determined to be properly classified as swimwear, the classification would be as follows:

The applicable tariff provision for men’s or boys’ swimwear will be 6211.31.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ swimwear of synthetic fibers. The general rate of duty will be 25.9% ad valorem.

The applicable tariff provision for the women’s or girls’ swimwear will be 6211.41.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ swimwear of synthetic fibers. The general rate of duty will be 24.9% 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/.

Men’s, boys’, women’s and girls’ swimwear of synthetic fibers falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 merchandise does not qualify for preferential treatment under the DR-CAFTA because none of the above requirements are met.

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 Kenneth Reidlinger at 646-733-3053.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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