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NY A84044




JUNE 24, 1996

CLA-2-62:RR:NC:WA:5:358 A84044

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2061; 6203.42.2050; 6203.42.4045

Ms. Sharron A. Lintner
F.W. Myers & Co., Inc.
193 West Service Road
P.O. Box 188
Champlain, New York 12919

RE: The tariff classification of a pair of boy's trousers, overalls, and a jacket from China.

Dear Ms. Lintner:

In your letter dated May 21, 1996, on behalf of your client J.C. Kid's Apparel Inc., you requested a tariff classification ruling.

The submitted samples are described as follows:

Style T1652 - a pair of boy's 100% cotton trousers. The garment is woven and features a partial elasticized waist, five belt loops, a metal button closure at the waist with a zippered fly front, and two rear patch pockets. The trousers also have two front slash pockets. On the front of the left pocket, there is an embroidered design of a "Tonka" truck.

Style T/650 - a boy's 100% cotton barn jacket. The garment is woven and features a shirt type collar, long sleeves, a full front opening with a four button closure, and two patch pockets above the waist. The jacket also has a screenprinted "Tonka" design on the rear of the jacket, a metal clip attached to the right patch pocket, and a hemmed bottom.

Style T1353/T1653 - a pair of boy's 100% cotton overalls. The garment is woven and features adjustable shoulder straps, a high rise bib front, and a two metal button closure at both sides. The garment also has a front chest patch pocket with the embroidered design of a "Tonka" truck, two rear patch pockets, four front slash pockets below the waist, and hemmed leg openings.

In a telephone conversation with you on June 20, 1996, you stated that the trousers, jacket and overalls will be imported in boys' sizes 2-6X .

The applicable subheading for the trousers, Style T1652 will be 6203.42.4045, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, trousers and breeches, boys, other, other. The rate of duty will be 17.5% ad valorem.

The trousers fall within textile category designation 347. Based upon textile trade agreements, products of China are presently subject to quota restraints and visa requirements.

The applicable subheading for the jacket, Style T/650 will be 6201.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for men's and boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203, of cotton, other, other, other, boys'. The rate of duty will be 9.9% ad valorem.

The jacket falls within textile category designation 334. Based upon textile trade agreements, products of China are presently subject to quota restraints and visa requirements.

The applicable subheading for the overalls, Style T1353/T1653 will be 6203.42.2050 Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers, bib and brace overalls, breeches and shorts, of cotton, other, bib and brave overalls, other, boys', other. The rate of duty will be 10.9% ad valorem. The overalls fall within textile category designation 237. Based upon textile trade agreements, products of China are presently 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
National Commodity

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