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NY A86604





October 24, 1996

CLA-2-62:SF G03 A86604

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.20.5030, 6211.42.0025, 6211.42.0060

Michael Skidmore
Tower Group International, Inc.
115 Broad Street
P. O. 192
Boston, MA 02101-3022

RE: The tariff classification of babies' and girls' sunsuit and girls' jumpers from the Philippines

Dear Mr. Skidmore:

In your letter dated August 8, 1996 you requested a tariff classification ruling on behalf of your client, T.J. X. Companies.

Style 70091IN is made from woven fabrics which you state are 100% cotton. This garment is a one-piece, short sleeve sunsuit with a round neck; partial center back opening secured by 4 plastic buttons and a snap crotch with a 3 snap closure. The upper portion is blue denim. The neck trim and lower portion is a striped fabric. A striped ruffle insert at the waist creates the appearance of a short skirt being worn with a visible panty. The sleeves and ruffle are hemmed. You have indicated that this item will be imported in infants' sizes. Style 70091TD is identical to the above garment, but will be in girls' sizes.

Style 60255GX is made from woven fabrics which you state are 100% cotton. This garment is a jumper with a full front right over left opening secured by metal buttons. This jumper has a scoop neckline in front, large deep armholes, a gathered "skirt" with a patch pocket on each half, and a self fabric tie in the center middle back which serves to adjust the fit. The upper portion and patch pockets are made from one fabric and the skirt portion is from another. You have indicated that this item will be in size 5-6. Style 60255GL is identical to the above garment, but will be in size 10-12.

The applicable subheading for the babies' sunsuit will be 6209.20.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories: Of cotton: Other: Sunsuits, washsuits and similar apparel. The rate of duty will be 9.8 percent ad valorem. The applicable subheading for the same garment in girls' sizes will be 6211.42.0025, HTS, which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of cotton: Washsuits, sunsuits, one-piece playsuits and similar apparel. The rate of duty will be 8.5 percent ad valorem.

The applicable subheading for the jumpers will be 6211.42.0060, HTS, which provides as above, but for Jumpers. The rate of duty will be 8.5 percent ad valorem.

The babies' sunsuit falls within textile category designation 239, the girls' sunsuit within category 237, and the jumpers within category 359. Based upon international textile trade agreements, products of the Philippines 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 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.

In accordance with your request your samples 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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