The tariff classification and marking of infants’ and girls’ swimsuits from China

N292910 January 19, 2018 CLA-2-61:OT:RR:NC:N3:358 CATEGORY: Marking TARIFF NO.: 6111.30.5070; 6112.41.0020 Ms. Megan S. Kepler Lassig, Inc. 629 Entler Avenue, Suite 38 Chico, CA 95928 RE: The tariff classification and marking of infants’ and girls’ swimsuits from China Dear Ms. Kepler: In your letter dated October 25, 2017, you requested a tariff classification and marking ruling. You subsequently provided a sample. The sample will be retained by this office. The submitted sample, Item # 1431014213-24, described as a “girl’s tanksuit,” size 24M, is an infant girl’s one piece tank style swimsuit. The swimsuit is constructed from an 80 percent polyamide, 20 percent elastane finely knit, polka dot printed fabric. The fabric on the lower portion of the garment, that which is below the waist, is visibly coated on the inside surface with a plastic material. The swimsuit features a scoop neckline with self-fabric capping, a racerback, a 1 5/8 inch wide ruffle around the waist, contrasting color capping at the arm openings, elasticized leg openings and a built in diaper. The garment is marked on a fabric label sewn into the neck midway between the shoulder seams, “Designed in Germany, Made in China,” in approximately 8-point font. This tanksuit will be imported in sizes 6M – 36M. Chapter 61, Note 6(a), Harmonized Tariff Schedule of the United States (HTSUS), provides that “babies' garments" means articles for young children of a body height not exceeding 86 centimeters. Customs has determined that 86 centimeters includes the commercial size range of 0 to 24 months (Customs Headquarters Ruling Letter (HRL) 081165, dated October 27, 1987; HRL 082762, dated March 19, 1990). Therefore, the garment will be classified accordingly. The applicable subheading for the tanksuit, sizes 6M – 24M, will be 6111.30.5070, HTSUS, which provides for “Babies’ garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other: Other: Other.” The rate of duty will be 16 percent ad valorem. The applicable subheading for the tanksuit, size 36M, will be 6112.41.0020, 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 elastometeric yarn or rubber thread: Girls’.” The rate of duty will be 24.9 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 https://hts.usitc.gov/current. With regard to your proposed marking “Designed in Germany, Made in China,” we note that Customs has previously allowed the phrase “designed in” to be used in conjunction with country of origin information as long as the words “Made in (country of origin)” are legible, conspicuous and permanent. HRL 560202, dated December 20, 1996 and HRL 734144, dated July 5, 1991 noted. On the submitted sample, the phrase “Designed in Germany” in close proximity and in the same font and color as the words “Made in China” on the sewn in fabric label satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.46 and is legible, conspicuous and permanent. 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 Kim Wachtel at kimberly.a.wachtel@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division