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NY B89176




September 22, 1997

CLA-2-62:A:G01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040; 6201.93.3000; 6201.93.3521

Ms. Lisa Miller
Starter Corp.
370 James St.
New Haven, CT 06513

RE: The tariff classification of an infant's snowsuit from China and a boy's jacket from Korea

Dear Ms. Miller:

In your letter dated August 29, 1997 you requested a tariff classification ruling.

Two samples were submitted, style 5I652 and style 47830. Style 5I652 is a one piece infant's snowsuit made of 100 percent woven nylon outer shell and lining with polyfil. The garment has an inner storm flap with snap closure, two full frontal openings which extend from the neck to below the calf of each leg with heavy duty plastic zipper closures, an elasticized attached hood, an embroidered logo on the hood, chest, and each leg, long sleeves and legs with elasticized cuffs. Style 51652 will be imported in infants' sizes 0-3 months to 24 months.

Style 47830 is a boy's jacket manufactured of 100 percent woven nylon shell material which you state has been coated with polyurethane, polyfill, and a 100 percent nylon lining. The garment has a partial front opening with heavy duty plastic zipper closure which extends into the stand-up collar, an embroidered storm flap with Velcro closure covering the zipper, an opening on the left side with heavy duty plastic zippered closure, two slash pockets below the waist, a partially elasticized attached hood with embroidered logo, a large embroidered logo on the back, long sleeves with partially elasticized cuffs with Velcro tabs for tightening and an elasticized bottom. You state that style 47830, when imported, will have a full front opening and no side opening. Style 47830 will be imported in boys' sizes S(8) to XL(18-20).

The applicable subheading for style 5I652 will be, 6209.30.3040 Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, of synthetic fibers, other, other, other. The rate of duty will be 16.7 percent ad valorem.

If style 47830 passes the water resistance test as specified in HTSUSA Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for mens' and boys' water resistant anoraks...windbreakers and similar articles...of man-made fibers. The duty rate will be 7.4 percent ad valorem.

If style 47830 does not pass the water resistance test as specified in HTSUSA Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jacket will be 6201.93.3521, Harmonized Tariff Schedule of the United States (HTS), which provides for boys' anoraks...windbreakers and similar articles...of man-made fibers. The duty rate will be 29.1 percent ad valorem.

As requested, your samples will be returned.

The infant's snowsuit falls within textile category designation 239. The boy's jacket falls within textile category designation 634. Based upon international textile trade agreements, products of China and Korea 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 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,

John J. Deegan
Port Director

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