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NY A83518




June 4, 1996

CLA-2-62:LA:S:T:1:2:G04 A83518

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.20.5050; 6211.42.0081

Ms. Cyndi Bergamini
CSI Industries, Inc.
450 Winks Lane
Bensalem, PA 19020

RE: The tariff classification of a girl's woven skirtall from India

Dear Ms. Bergamini:

In your letter dated May 8, 1996, you requested a tariff classification ruling.

The submitted sample, style 754-004081, is a girl's skirtall. The upper bib portion of the garment is constructed from 100% cotton woven blue denim fabric and the lower skirt portion is constructed from 100% cotton woven yarn-dyed flannel fabric. The garment features a bib front with a patch pocket, a bib back, self-fabric shoulder straps, two snap closures at each side, a gathered skirt and a hemmed bottom.

You have stated in your letter that the garment will be sized S, M, L and XL for baby girls. If the garment is sized for infants 24 months or under and is designed for young children of a body height not exceeding 86 centimeters, the garment will be classified under the provision for babies' garments. If the garment is sized for toddler girls 2T and above, then the garment will be classified under the provision for girls' wearing apparel.

Your sample will be returned as requested.

The applicable subheading for the skirtall in infants' sizes will be 6209.20.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories: of cotton: other: other: other: other. The rate of duty will be 9.8% ad valorem.

The applicable subheading for the skirtall in toddler girls' sizes will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of cotton: other. The rate of duty will be 8.5% ad valorem.

The skirtall in infants' sizes falls within textile category designation 239 and the skirtall in toddler girls' sizes falls within textile category designation 359. As a product of India, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

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. 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 merchandise may be subject to an ITC exclusion order dealing with denim garments produced by certain acid wash methods. For further information on admissibility, you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order.

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

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Audrey Adams
Port Director

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