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NY N020169




December 13, 2007

CLA-2-62:OT:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.12.1010

Ms. Vicky Lee
J. Crew Group, Inc.
770 Broadway
New York, NY 10003

RE: The tariff classification of a swim top and swim bottom from Taiwan.

Dear Ms. Lee:

In your letter dated November 20, 2007, you requested a classification ruling. As requested, the samples will be returned.

The submitted samples are Style #’s D86043 Woman’s Woven Swim Top and D86049 Woman’s Woven Swim Bottom. Both styles are constructed of woven 87% nylon, 13% spandex fabric, are lined and have capping at the edges. The bikini-style top features string ties. The bottom is brief-style.

The applicable subheading for the Style #’s D86043 Woman’s Woven Swim Top and D86049 Woman’s Woven Swim Bottom will be 6211.12.1010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, Swimwear: Women’s or girls’: Of man-made fibers, Women’s.” The duty rate will be 11.8% 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 #s D86043 and D86049 fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

Your inquiry does not provide enough information for us to give a classification ruling on Style D91598, called a “Woman’s Cotton Pajama Set with Bag.” Classification of garments of this type depends on their appearance and in part, on the manner in which they are designed, marketed and sold. Therefore, we require the following information:

How are the garments designed? As “knock off” of items in the market, or as an original? If a “knock off” how is it sold at retail originally? What changes or modifications were made to the garment? (Specifically, were there any changes to the type or weight of the fabric used, the size specifications, etc?) If an original design, what is the concept of the designer?

What is the weight of the fabric? Is the fabric (both type and weight) typical of sleepwear sold by your company? Please explain.

Please provide the following marketing information:

Copies of any labels that will be sewn into or tacked onto the garment, especially any that indicate how the garment is intended to be used. Any advertising or advertising mock-ups that will be used for this garment. If nothing is available for this specific style, please provide advertising for a similar garment sold in prior seasons. A copy of the section of the catalogue, or a mock-up in which this garment will be sold. If nothing is available for this specific garment, please provide a catalogue showing a similar garment sold in prior seasons. Will this item be sold online? If yes, please provide a copy of the page or pages on which this item will appear. If this is not currently available, please show pages for similar styles from prior seasons. If this style is to be sold in stores, indicate the department(s) in which they will be sold, and any in-store advertising that will be displayed in proximity to this garment.

Often in intimate apparel departments, garments known as “loungewear” are sold alongside traditional sleepwear. Does your company market loungewear? How do you define that term? Do you consider these garments to be loungewear?

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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.

Sincerely,

Robert B. Swierupski
Director,

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