CLA-2-61:OT:RR:NC:3:353
Ms. Linda Diamant
Warnaco
470 Wheelers Farms Road
Milford, Connecticut 06461
RE: The tariff classification of swimwear from Mexico.
Dear Ms. Diamant:
In your letter dated October 1, 2008, you requested a classification ruling. The samples which you submitted are being returned as requested.
The submitted sample is a Speedo® Style 8050271 swimsuit constructed of knit 80 percent nylon, 20 percent spandex fabric. The men’s swim brief is reversible and does not have a functional drawcord. The swim brief features a Speedo® logo on both sides of the garment, flat seam construction, an elasticized contrasting color fabric waistband, and elasticized contrasting color fabric leg bands. The elasticized waistband and leg bands are tight fitting. The brief is designed, constructed, and marketed as swimwear; it is unlikely the garment will be worn for any purpose other than swimming.
The applicable subheading for the Speedo® Style 8050271 swimsuit will be 6112.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear, knitted or crocheted: men’s or boys’ swimwear: of synthetic fibers, men’s. The general duty rate will be 25.9 percent.
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 8050271 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.
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
National Commodity Specialist Division