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PD A83174

June 10, 1996

CLA-2-62:A:G01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040; 6202.93.4500; 6202.93.5021

Ms. Diane Lynn
The Limited Too
Three Limited Parkway
P.O. Box 182145
Columbus, Oh 43218-2145

RE: The tariff classification of girls' garments from China

Dear Ms. Lynn:

In your undated letter, received May 16, 1996 you requested a tariff classification ruling.

The submitted garment, style 6141, is an infant's garment manufactured of 100 percent nylon taffeta coated on the inside with .12 mm PVC coating. The garment has a partially elasticized attached hood, a full front opening with snap closure, open sides with snap closure, a flapped pocket on the back with snap closure, and a hemmed bottom. Style 6141 will be imported in infants' sizes S(0 to 12 months) and M (12 to 24 months). The garment will also be imported as style 6142 in girls' size L (2 to 4 years).

The applicable subheading for style 6141 will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories: of synthetic fibers: other, other: other. The rate of duty will be 16.8 percent ad valorem.

If style 6142 passes the water resistance test as specified in HSTUSA Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jacket will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for girls' water resistant anoraks...windbreakers and similar articles...of man-made fibers. The duty rate will be 7.5 percent ad valorem.

If style 6142 does not pass the water resistance test as specified in HSTUSA Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jacket will be 6202.93.5021, Harmonized Tariff Schedule of the United States (HTS), which provides for girls' anoraks...windbreakers and similar articles...of man-made fibers. The duty rate will be 29.1 percent ad valorem.

As requested, your sample will be returned.

Style 6141 falls within textile category designation 239. Style 6142 falls within textile category designation 635. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

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. 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 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.

Sincerely,

John J. Deegan
Port Director

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