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NY A84023




August 23, 1996

CLA-2-61:SF G03 A84023

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2020, 6110.20.2015, 6111.20.3000, 6111.30.5040

Michael Schweinberg
Gymboree
700 Airport Blvd, Suite 200
Burlingame, CA 94010-1912

RE: The tariff classification of babies' and children's garments from Hong Kong and Thailand

Dear Mr. Schweinberg:

In your letter dated May 22, 1996 you requested a tariff classification ruling.

You have submitted a long sleeve knit pullover which is made from a yarn which you state is 100% cotton. This pullover has a partial front left over right opening which is secured by 2 plastic buttons. This sweater is a 2 by 2 rib knit and has fewer than 9 stitches in 2 centimeters. There is embroidery on the left chest front and a small identifying label sewn into the left side seam near the bottom of the sweater. You have indicated that this garment will be imported in sizes Infant and X-small and be identified as Style 408-90535I and in sizes Small through XX-large and be identified as Style 408-90535B.

You also have submitted a long sleeve short coat which is made from a fine knit fabric which you state is 100% polyester. Both surfaces of this fabric are fleece. This coat has a full front right over left opening which is secured by 5 metal snaps. The garment has a hood which is finished with rib knit, and the center front has elastic which serves to adjust the fit. The sleeve cuffs are rib knit. The lower portion of the coat is finished with a hemmed flounce. There is a small identifying label sewn into the left side seam near the bottom of the coat. In a clarifying telephone call you have indicated that this garment will be imported in sizes Infant and X-small and be identified as Style 551-81416I and in sizes Small through XX-large and be identified as Style 551-81416G.

The applicable subheading for Style 408-90535I will be 6111.20.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories, knitted or crocheted: Of cotton: Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, except those imported as parts of sets. The rate of duty will be 19.8 percent ad valorem.

The applicable subheading for Style 408-90535B will be 6110.20.2015, HTS, which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Sweaters: Boys'. The rate of duty will be 19.9 percent ad valorem.

The applicable subheading for Style 551-81416I will be 6111.30.5040, HTS, which provides for Babies' garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other: Other: Other. The rate of duty will be 16.8 percent ad valorem.

The applicable subheading for Style 551-81416G will be 6102.30.2020, HTS, which provides for Women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Other: Girls'. The rate of duty will be 29.6 percent ad valorem.

Styles 408-90535I and 551-81416I fall within textile category designation 239. Style 408-90535B falls within category 345. Style 551-81416G falls within category 635. Based upon international textile trade agreements, products of Hong Kong and Thailand are subject to the requirement of a visa. Category 345 from Thailand and categories 239 and 635 from Hong Kong are all subject to quota restraints.

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.

In accordance with your request your sample(s) will be returned to you under separate cover.

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,

Alice M. Rigdon
Port Director

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