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NY A89238




December 3, 1996

CLA-2-42;61;65:RR:NC:WA:3:358 A89238

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 6111.30.5020; 6111.30.5040; 6505.90.1515

Mr. Ben English
Emery Customs Brokers
9700 Highway 78
Ladson, SC 29456

RE: The tariff classification of an infant's one piece swimsuit with swim diaper, a swim diaper, a two piece swim suit, a sack with drawstring, and a hat from Honduras and the Dominican Republic.

Dear Mr. English:

In your letter dated September 4, 1996, on behalf of your client Gerber Childrenswear, you requested a tariff classification ruling.

The submitted samples, no style numbers indicated, are described as follows:

#1- One piece swim suit with swim diaper - The top is constructed of 88% polyester and 12% lycra fibers. The bottom is constructed of 88% polyester and 12% lycra fibers with a 1 millimeter urethane laminate. The inside lining of the diaper is constructed of 100% polyester jersey fabric

#2 - A swim diaper - The outer shell is constructed of 88% polyester and 12% lycra fibers with a l millimeter urethane laminate. The inside lining of the diaper is constructed of 100% polyester jersey fabric.

#3 - A two piece swim suit - The top is constructed of 88% polyester and 12 % lycra fibers. The bottom is constructed of 88% polyester and 12% lycra fibers with a 1 millimeter urethane laminate. The inside lining of the diaper is constructed of 100% polyester jersey fabric.

# 8 - A sack with drawstring - A drawstring travel bag composed of 100% cotton jersey knit. The item is designed to contain personal effects during travel. The bag is unlined and measures approximately 10" W x 10" H.

#9 - A hat with brim - Constructed of 100% cotton jersey knit fabric and features a brim and a hook and loop closure.

Your letter did not indicate the size(s) for which the garments will be imported. For purposes of classification, we will assume that the items will be imported in infants' sizes 12-24 months.

The applicable subheading for item #'s 1 & 2 will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, knitted or crocheted, of synthetic fibers, other, other. The rate of duty will be 16.8% ad valorem.

Items #1 & 2 fall within textile category designation 239. Based upon textile trade agreements, products of the Dominican Republic and Honduras are presently not subject to quota restraints and visa requirements.

The applicable subheading for item #3 will be 6111.30.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, knitted or crocheted, of synthetic fibers, other, sets. The rate of duty will be 16.8% ad valorem.

Item #3 falls within textile category designation 239. Based upon textile trade agreements, products of the Dominican Republic and Honduras are presently not subject to quota restraints and visa requirements.

The applicable subheading for item #8 will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surfaces of textile materials, of vegetable fibers and not of pile or tufted constructed, of cotton. The rate of duty will be 7% ad valorem.

Item #8 falls within textile category designation 369. Based upon textile trade agreements, products of the Dominican Republic and Honduras are presently not subject to quota restraints and visa requirements.

The applicable subheading for item #9 will be 6505.90.1515, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed, hair nets of any material, whether or not lined or trimmed:other, of cotton, flax or both:knitted, of cotton, for babies. The rate of duty will be 8.3% ad valorem.

Item #9 falls within textile category designation 239. Based upon textile trade agreements, products of the Dominican Republic and Honduras are presently not subject to quota restraints and visa requirements.

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. Since 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. If you have any questions regarding the ruling, contact National Import Specialist Bruce Kirschner at 212-466-5865.

Sincerely,

Roger J. Silvestri
Director

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