The tariff classification of a tankini for infants’ wear from China

NY K83515 February 24, 2004 CLA-2-61;62:RR:NC:TA:358 K83515 CATEGORY: Classification TARIFF NO.: 6111.20.6030; 6209.30.3030 Samuel N. McClure Central Carolina Shipping, Inc. P.O. Box 19234 Charlotte, NC 28219 RE: The tariff classification of a tankini for infants’ wear from China Dear Mr. McClure: In your letter dated February 5, 2004, written on behalf of I-Play, you requested a classification ruling. Submitted style 215 is comprised of two components to be imported together on the same hanger. One of these components, manufactured from finely knitted fabric of 90% cotton/10% spandex, Is a spaghetti-strapped pullover. The other of the components, a pair of briefs, lined by terry fabric and fully elasticized around the waistband and leg openings, is manufactured from a woven outershell of 100% nylon. Although you state that this tankini is a swim set, it does not exhibit sufficient characteristics to be classified for tariff purposes as swimwear. Therefore, the applicable subheading for the pullover of this style will be 6111.20.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments…, knitted…, of cotton, other, other, other, imported as parts of sets; and for the other garment of this style will be 6209.30.3030, HTS, which provides for babies’ garments…, of synthetic fibers, other, other, imported as parts of sets. The duty rates will be 8.1 and 16 percent ad valorem, respectively. Both of the garments fall within textile category designation 239. Based upon international textile trade agreements these products of China are not presently subject to quota nor 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 Kirschner at 646-733-3048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division