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NY C85091





March 20, 1998

CLA-2-PD:TC:MEF G 28

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6040; 6307.90.9989

Ms. Martha Schreus
Owner
Gabash
17279 Weaver Lake Drive
Maple Grove, Minnesota 55311

RE: The tariff classifications of a Babies' Cotton Knit Kick-In Bag, and an Infants' Cotton Twill Cocoon from Peru

Dear Ms. Schreus:

In your letter dated March 3, 1998, you requested tariff classification rulings for Babies' Cotton Knit Kick-In Bags and Cotton Twill Cocoons for Infants. Both items would be imported from Peru. You provided one sample of each article for examination. Both samples will be returned to you.

The Babies' Cotton Knit Kick-In Bag is a pear shaped garment. Two shoulder straps form the designated openings for the head and arms at the top of the item. Two metal snaps are affixed to each strap for closure and comfort. The lower portion of the article is formed into a wide bag which is hemmed at the sides and bottom. The garment also features a front zipper. Both the printed shell and the plain fabric lining are made from 100% Cotton Knit fabric.

The inside lining is quilted to 100% polyester padding. You state the Babies' Kick-In Bag will be imported in sizes 0-6 months.

The Infants' 100% Cotton Cocoon is a snug fitting, hooded bag. The front opening is secured with three matching self-fabric ties. Both the printed twill shell and the plain knit fleece lining are made from 100% Cotton fabric. The sack is not stuffed with filling material.

The applicable subheading for the Babies' Cotton Knit Kick-In Bag 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 8.4%.

The applicable subheading for the Infants' Cotton Knit Cocoon will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles, including dress patterns: Other: Other: Other: Other. The rate of duty will be 7%.

The Babies' Cotton Knit Kick-In Bag falls within textile category designation 239. Based upon the international textile trade agreements, products of Peru are subject to 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,

Carole E. Graves
Port Director

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