CLA-2-61:OT:RR:NC:TA:361
Ms. Nicole C. Crane
Charming Shoppes, Inc.
3750 State Road
Bensalem, Pa. 19020
RE: The tariff classification of two women’s beach cover ups from Indonesia
Dear Ms. Crane:
In your letter dated November 17, 2010 you requested a classification ruling.
The submitted sample, style 305-457901, is a woman’s beach cover up constructed of 60 percent cotton and 40 percent polyester knit openwork fabric. The garment is loose fitting and extends from the shoulders to mid thigh. It features short, cuffed sleeves; a full front opening with a seven button closure; two fish design embroideries with sequins on the front panels; two patch pockets below the waist; and a hemmed bottom.
The submitted sample, style 305-458001, is a woman’s beach cover up constructed of 60 percent cotton and 40 percent polyester knit fabric. The garment is loose fitting and extends from the shoulders to mid thigh. It features short, cuffed sleeves; a full front opening with a zippered closure; nine insect embroidered designs on the front panels; two patch pockets below the waist; and a hemmed bottom with side vents.
You indicate that the garments will be marketed and sold in the swimwear section of the women's department. Based on the physical characteristics of the garments and marketing, the garments are considered beach cover ups of heading 6108.
We are returning your samples as you requested.
The applicable subheading for both styles will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of cotton: Other: Women’s. The duty rate will be 8.5% 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/.
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 Peggy Fitzgerald at 646-733-3052.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division