CLA-2-61:RR:NC:WA:355 I86546

Ms. Cicki Wallertz
Newport News, Inc.
711 Third Avenue
New York, NY 10017

RE: The tariff classification of women’s swimwear tops from China

Dear Ms. Wallertz:

In your letter dated October 2, 2002, you requested a classification ruling.

You submitted a sample of style S03-04-067, a women’s tankini style swim top. The top is made of 80 percent nylon and 20 percent spandex knit fabric. It is partially lined with 100 percent nylon knit fabric and features double-string over-the-shoulder straps. You also submitted a page from your catalogue indicating that this style is intended to be sold as part of a mix and match collection, as a separate item.

The applicable subheading for style S03-04-067 will be 6112.41.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, knitted or crocheted, women’s or girls’ swimwear, of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread, women’s. The duty rate will be 25.2 percent ad valorem.

Style S03-04-067 falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division