Tariff classification of a woman's bathing suit; heading 6112
Active· CBP ruling HQ 956132· Issued 1994-05-31
Ruling text
HQ 956132
May 31, 1994
CLA-2 CO:R:C:T 956132
CATEGORY: Classification
TARIFF NO.: 6112.41.0010
Ms. Cindy Leonard
Calston Industries Inc.
320 Attwell Dr.
Rexdale, Ontario, Canada M9W 5B7
RE: Tariff classification of a woman's bathing suit; heading 6112
Dear Ms. Leonard:
This is in response to your letter of March 1, 1994, in which
you requested the tariff classification of women's swimwear from
Canada under the Harmonized Tariff Schedule of the United States
(HTSUS). A sample of the article was submitted for our
examination. In addition, you inquired as to whether the name of
the manufacturer may be used in lieu of a registered identification
number.
FACTS:
The sample is described as a "Hipsfree Bikini". It has a
strapless knit bandeau top and a knit bikini bottom. The fabric
of the bottom is stretched over an epoxy coated hard drawn steel
form that serves to outline the bottom shape of the bikini. The
outer fabric of both the top and bottom is 86% nylon and 14%
spandex. The liner is made of 90% nylon and 10% spandex.
The swimwear will be purchased by consumers through print or
television media and by distributers and/or retailers who will
offer the bikinis for sale through their networks.
ISSUE:
What is the tariff classification of the women's bikini?
LAW AND ANALYSIS:
The classification of goods under the HTSUS is governed by
the General Rules of Interpretation (GRI's), taken in order. GRI
1 provides that classification shall be determined according to
the terms of the headings and any relative section or chapter
notes. In the event that the goods cannot be classified solely
on the basis of GRI 1, and if the headings and legal notes do not
otherwise require, the remaining GRI's may be applied, taken in
order.
Heading 6112, HTSUS, provides for "[t]rack suits, ski-suits
and swimwear, knitted or crocheted." As the instant article is
considered swimwear and it is made of knitted fabric, it is
classifiable in this heading. Based on the bikini's fabric makeup,
it is classifiable in subheading 6112.41.0010, HTSUS, which
provides for "[t]rack suits, ski-suits and swimwear, knitted or
crocheted: [w]omen's or girls' swimwear: [o]f synthetic fibers:
[o]f fabric containing by weight 5 percent or more elastomeric yarn
or rubber thread: [w]omen's."
In addition, noting rule 16(a)(2) of the Textile Fiber
Products Identification Act, the name of the manufacturer may be
used in lieu of a registered identification number.
HOLDING:
The Hipsfree Bikini is classifiable in subheading
6112.41.0010, HTSUS, which provides for "[t]rack suits, ski-suits
and swimwear, knitted or crocheted: [w]omen's or girls' swimwear:
[o]f synthetic fibers: [o]f fabric containing by weight 5 percent
or more elastomeric yarn or rubber thread: [w]omen's." The rate
of duty is 26.5% ad valorem.
In the event that you wish to obtain an advance ruling
concerning the eligibility of the subject merchandise for
preferential tariff treatment under the North American Free Trade
Agreement (NAFTA), you may submit your request in accordance with
19 CFR 181. Specifically, pursuant to 19 CFR 181.93(b), in your
ruling request you must include (1) the name and addresses of all
interested parties; (2) the name of the port through which the
merchandise will be imported; (3) a complete description of all
processing operations performed in NAFTA countries (including
amount or percentage of material which originates from a non-NAFTA
country and is used in the processing of merchandise); and (4)
whether the goods are the subject of a pending or (completed)
Customs transaction and, if so, which U.S. Customs office is
concerned. In addition, if you decide to seek an advance ruling
request, you should submit a sample of the garment.
Based upon international textile trade agreements, products
of Canada have no visa/quota re
quirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 956132, retrieved 2026-10-12T05:29:21Z, republished verbatim. This digest is informational; only CBP issues binding rulings.