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NY 887627



July 21, 1993

CLA-2-61:S:N:N5:356 887627

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6112.12.0030; 6112.12.0050; 6110.30.3050; 6103.43.1540

Mr. S. Stone
ETA Import & Export Ltd.
1 Cross Island Plaza
3rd Floor
Jamaica, New York 11422

RE: The tariff classification of boys' knit garments from the People's Republic of China.

Dear Mr. Stone:

In your letter dated June 21, 1993 you requested a tariff classification ruling on behalf of Shalom Children's Wear.

Style number 98603 is a boys' two piece track suit which is constructed from 100 percent acrylic, finely knit fabric which is napped on the inside surface. The upper garment features a hood with a drawstring closure; a partial, front zippered opening; long sleeves with rib knit cuffs; a logo on the left chest; and a rib knit waistband. The pants feature a fully elasticized double waistband; a drawstring closure on the outer or lower waistband; a non-functional fly front; side seam pockets; a patch pocket on the right rear; and rib knit cuffs at the ankles. Your letter states that this garment will be imported in sizes 8 through 16.

Style number 94603 consists of a boys' pullover garment and a pair of pants. Both garments are constructed from 100 percent acrylic, finely knit fabric which is napped on the inside surface. The pullover features a hood with a drawstring closure; a partial, front zippered opening; long sleeves with rib knit cuffs; a logo on the left chest; and a rib knit waistband. The pants feature a fully elasticized double waistband; a drawstring closure on the outer or lower waistband; a non- functional fly front; side seam pockets; a patch pocket on the right rear; and rib knit cuffs at the ankles. Your letter states that this garment will be imported in sizes 4 through 7.

As requested, your samples will be returned.

The applicable subheading for the upper garment of style number 98603 will be 6112.12.0030, Harmonized Tariff Schedule of the United States, (HTS), which provides for: track suits, ski- suits and swimwear, knitted or crocheted: track suits: of synthetic fibers: shirts: men's or boys'. The duty rate will be 30 percent ad valorem.

The applicable subheading for the pants of style number 98603 will be 6112.12.0050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: track suits, ski-suits and swimwear, knitted or crocheted: track suits: of synthetic fibers: trousers: men's or boys'. The duty rate will be 30 percent ad valorem.

The applicable subheading for the pullover garment of style number 94603 will be 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men's or boys'. The duty rate will be 34.2 percent ad valorem.

The applicable subheading for the pants of style number 94603 will be 6103.43.1540, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swim wear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: trousers, breeches and shorts: other: trousers and breeches: boys': other. The duty rate will be 30 percent ad valorem.

The upper garment of style number 98603 falls within textile category designation 638 and the pants fall within textile category designation 647. The pullover garment of style number 94603 falls within textile category designation 638 and the pants fall within textile category designation 647. Based upon international textile trade agreements, products of the People's Republic of China are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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