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NY A87757




December 16, 1996

CLA-2-6:SF G03 A87757

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0040, 6111.20.6040, 6209.20.2000, 6211.42.0054

James I. Salach
Gymboree
700 Airport Boulevard, Suite 200
Burlingame, CA 94010-1912

RE: The tariff classification of babies' and girls' robe and shirt from Macau and Thailand

Dear Mr. Salach:

In your letter dated September 12, 1996 you requested a tariff classification ruling.

Style 561-00076 is made from a fine knit fabric which you state is 80% cotton and 20% polyester. It is a short sleeve terry "cover-up" with a full front right over left opening which is secured by 6 metal snaps. The garment has a slightly flared silhouette and reaches below the waist. The cover-up has a hood with an elasticized opening, a dropped waistline with a flounce at the bottom and one patch pocket on the lower left front. All edges are hemmed. You indicate that this style will be imported from Macau and in sizes to fit babies and girls to age 7.

Style 550-93017 is made from a plaid woven fabric which you state is 100% cotton. This garment is a shirt with a full front right over left opening which is secured by 5 fabric covered buttons. This shirt has long sleeves with roll up cuffs, 2 patch pockets and a oversized collar. The buttons, cuffs, pockets and collar are made from a solid color fabric. The front of the shirt dips slightly below the back. Each rear corner of the collar is tied in a self knot. You indicate that this style will be imported from Thailand and in sizes to fit babies and girls to age 7.

The applicable subheading for the knit cover-up in babies' sizes will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories, knitted or crocheted: Of cotton: Other: Other: Other. The rate of duty will be 8.5 percent ad valorem.

The applicable subheading for the knit cover-up in girls' sizes will be 6108.91.0040, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of cotton: Other: Girls'. The rate of duty will 8.9 percent ad valorem.

The applicable subheading for the shirt in babies' sizes will be 6209.20.2000, HTS, which provides for Babies' garments and clothing accessories: Of cotton: Blouses and shirts, except those imported as parts of sets. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for the shirt in girls' sizes will be 6211.42.0054, HTS, which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of cotton: Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: With two or more colors in the warp and/or fillings. The rate of duty will be 8.5 percent ad valorem.

In babies' sizes both styles fall within textile category designation 239. In girls' sizes style 561-00076 falls within category 350, and style 550-93017 within category 341. Based upon international textile trade agreements, as products of either Macau or Thailand, all items are subject to the requirement of a visa. The cover-up from Macau in girls sizes and the shirt from Thailand in both sizes are subject to quota.

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 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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