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NY B83980




April 18, 1997

CLA-2-61:SF G03 B83980

CATEGORY: CLASSIFICATION

TARIFF NO.:, 6107.91.0030, 6108.31.0020, 6111.20.6040, 6205.20.2046, 6209.20.2000

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

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

Dear Mr. Salach:

In your letter dated April 2, 1997 you requested a tariff classification ruling.

Style 1270-00032 is a one-piece garment with long sleeves and long legs made from a fine knit fabric which you state is 100% cotton. The garment has both a partial right over left front opening and a full crotch opening secured by metal snaps. There are ribbed knit cuffs at the wrists and ankles. In sizes "infant" and "small" the round neck is finished with a narrow band of ribbed knit capping. In size "medium", there is a wider band of ribbing which forms a "baseball" type collar.

Style 1270-00016 is also a one-piece garment with long sleeves and long legs made from a fine knit fabric which you state is 100% cotton. The only difference between this style and 1270-00032 is that the partial front opening closes left over right.

Style 406-91362 is a long sleeve shirt with a full front left over right opening secured by metal snaps. This garment has a woven plaid flannel front and knit sleeves, cuffs, back and patch pockets. The collar and pocket flaps are also woven. All fabrics are 100% cotton. You indicate that this shirt will be imported in sizes "extra small" through "extra extra large".

The applicable subheading for Styles 1270-00032 and 1270-00016 in sizes "infant" and "small" 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: Other. The rate of duty will be 8.4 percent ad valorem.

The applicable subheading for Style 1270-00032 in size "medium" will be 6108.31.0020, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightdresses and pajamas: Of cotton: Girls'. The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for Style 1270-00016 in size "medium" will be 6107.91.0030, HTS, which provides for Men's or boys' underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of cotton: Sleepwear. The rate of duty will be 9.1 percent ad valorem.

The applicable subheading for Style 406-91362 in size "extra-small" 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 percent ad valorem.

The applicable subheading for Style 406-91362 in sizes "small" through "extra extra large" will be 6205.20.2046, HTS, which provides for Men's or boys' shirts: Of cotton: Other: Other: Other: With two or more colors in the warp and/or the filling: Napped. The rate of duty will be 20.6 percent ad valorem.

Styles 1270-00032 and 1270-00016 in sizes "infant" and "small" and Style 406-91362 in size "extra small" fall within textile category designation 239. Styles 1270-00032 and 1270-00016 in size "medium" fall within textile category 351. Style 406-91362 in sizes "small" through "extra extra large" falls within textile category 340. Based upon international textile trade agreements, products of Hong Kong and Thailand 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.

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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