CLA-2-62:RR:NC:WA:355 K85382
Ms. Alison Pines
Pioneer International, Inc.
20 East Sunrise Highway. Suite 304
Valley Stream, NY 11581
RE: The tariff classification of women’s swimwear from Vietnam
Dear Ms. Pines:
In your letter dated April 21, 2004, you requested a classification ruling on behalf of A.H. Schreiber Company, Inc.
Samples of women’s swimwear identified as style MSHORT and Style 25822 were submitted. Style MSHORT consists of a top and bottom garment. The top is made of 94% nylon and 6% spandex knit fabric. It features an inner support bra, is tank styled with narrow straps and reaches to the waist. The bottom garment of MSHORT is fashioned as a pair of women’s shorts, made of 100% woven nylon shell fabric with a 100% polyester knit panty styled liner. Both garments are made in Vietnam. Both are intended to be sold together at retail as a unit, and not intended to be sold as part of a mix and match collection.
Style 25822 is a women’s swim suit consisting of a top and bottom garment. The top is labeled “Made in the U.S.A.”. In a telephone conversation you verified that the top is made in the United States and will not be imported with the bottom, but will be sold at retail as part of the swim suit. The top and bottom, as with style MSHORT, are intended to be sold at retail as a unit and not as part of a mix and match collection. The bottom garment of style 25822 is fashioned as a pair of women’s shorts, made of 100% woven nylon shell fabric with a 100% polyester knit panty styled liner. The bottom is made in Vietnam.
The applicable subheading for style 25822 (bottom only) and style MSHORT, (top and bottom), will be 6211.12.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Swimwear: women’s or girls’: Of man-made fibers: Women’s. The duty rate will be 11.8% ad valorem.
Both styles fall within textile category designation 659. Based upon international textile trade agreements products of Vietnam 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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