The tariff classification of bikini in a bag from Bangladesh.

N035491 September 17, 2008 CLA-2-61:OT:RR:NC:3:353 CATEGORY: Classification TARIFF NO.: 6112.41.0010, 4202.92.4500 Ms. Gayle E. Williams Sears Holdings Corporation Dept. 733IMP-A3366B 3333 Beverly Road Hoffman Estates. Illinois 60179 RE: The tariff classification of bikini in a bag from Bangladesh. Dear Ms. Williams: In your letter dated August 6, 2008, you requested a tariff classification ruling. The sample which you submitted is being returned as requested. The submitted sample, Style # SU9JB7143JR Ladies Knit Bikini in a Plastic Bag, consists of a ladies bikini packaged in a zippered toiletry bag. The bikini is constructed of knit 80% nylon, 20% spandex fabric. The bikini top has self-fabric ties at the neck and the back. The toiletry bag is made of sheets of plastic and measures approximately 9-inches on length, 5½-inches height, and has a depth ranging from ½-inch at the top to 1-½ inches at the bottom. The toiletry bag features a plastic zipper with metal pull, plastic wrist strap, and has a grommet on each side. The toiletry bag is labeled “JOE BOXER, Bikini in a Bag” and features the words “Bikini,” “Shades,” and “Lotion.” The toiletry bag is made of sturdy plastic, has room to fit objects in addition to the bikini, and is clearly reusable. GRI 5(a) provides that containers specially shaped or fitted to contain specific articles, suitable for long-term use and entered with the articles, shall be classified with such articles when of a kind normally sold therewith. The toiletry bag is not specially shaped to contain the bikini. GRI 5(b) states that "packaging materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision is not binding when such packing materials or packing containers are clearly suitable for repetitive use. In this instance, the toiletry bag is not of a kind normally used for packing such goods, and is clearly suitable for repetitive use. You believe that the bikini and toiletry bag are a composite good. To be considered a composite good the components must be adapted to one another, be mutually complementary, and together form a whole which would not normally be offered for sale in separate parts. This office notes that the items function independently of one another, the toiletry bag can fit items other than the bikini, and that bikinis are normally sold at retail on their own merits, as are toiletry bags. The bikini and toiletry bag are not a composite good and are separately classifiable. The applicable subheading for the Style # SU9JB7143JR bikini will be 6112.41.0010, Harmonized Tariff Schedule of the United States (HTSUS), 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 24.9 percent ad valorem. The textile category designation is 659. The applicable subheading for the Style # SU9JB7143JR toiletry bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags with outer surface of sheeting of plastic or of textile materials, other. The rate of duty will be 20 percent 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/. 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