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NY D85027




December 22, 1998

CLA-2-61:RR:NC:TA:3:358 D85027

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.6040; 6111.20.3000; 6111.2000; 6111.20.6010; 6505.90.1515

Mr. Robert Colon
Eleven Eleven Corporation
P.O. Box 305
Catano, Puerto Rico 00963-0305

RE: The tariff classification of an infant's footed stretchsuit, vest, undershirt, creeper and cap from Thailand.

Dear Mr. Colon:

In your letter dated November 25, 1998, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #238 - an infant's terry knit footed stretchsuit/coverall. The garment is constructed of 65% cotton, 35% polyester fabric and features a full front opening with four snap closure and embroidery at the chest.

Style #239 - an infant's vest. The garment is constructed of 65% cotton, 35% polyester finely knit fabric and features a deep neckline and full front opening with two snap closure. The vest also has a random all-over screen print design on a white background.

Style #240 - an infant's undershirt. The garment is constructed of 65% cotton, 35% polyester finely knit fabric and features overlapping fabric at the shoulders, short sleeves, and embroidery at the chest. The neck is finished by capping, and the sleeves and bottom are finished by overlock stitching. Style #241 - an infant's creeper. The garment is constructed of 65% cotton, 35% polyester finely knit fabric and features overlapping fabric at the shoulders, capping at the neckline, and a random all-over screen print design on a beige background.

Style #242 - an infant's knit sock style cap. The item is constructed of 65% cotton, 35% polyester finely knit fabric and features a 1 « inch brim and embroidery at the front rim.

Your letter did not indicate the size(s) in which the garments will be imported. We assume, for the purposes of classification, that the garments will be imported in infants sizes newborn to 24 months.

The applicable subheading for the Footed Stretchsuit, Style #238 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 duty rate will be 8.4% ad valorem.

Effective January 1, 1999, the rate of duty will remain the same.

The Footed Stretchsuit, falls within textile category designation 239. Based upon textile trade agreements, products of Thailand are not presently subject to quota restraints and visa requirements.

The applicable subheading for the Vest, Style #239 will be 6111.20.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, knitted or crocheted, of cotton, sweaters, pullovers, sweatshirts, waistcoats (vest) and similar articles, except those imported as parts of sets. The duty rate will be 18.6% ad valorem.

Effective January 1, 1999, the rate of duty will be 18% ad valorem.

The Vest, falls within textile category designation 239. Based upon textile trade agreements, products of Thailand are not presently subject to quota restraints and visa requirements. The applicable subheading for the Undershirt, Style #240 will be 6111.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, knitted or crocheted, of cotton, T-shirts, singlets and similar garments, except those imported as parts of sets. The duty rate will be 18.6% ad valorem.

Effective January 1, 1999, the rate of duty will be 18% ad valorem.

The Undershirt, falls within textile category designation 239. Based upon textile trade agreements, products of Thailand are not presently subject to quota restraints and visa requirements.

The applicable subheading for the Creeper, Style #241 will be 6111.20.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, knitted or crocheted, of cotton, other, other, sunsuits, washsuits and similar apparel. The duty rate will be 8.4% ad valorem.

Effective January 1, 1999, the rate of duty will remain the same.

The Creeper, falls within textile category designation 239. Based upon textile trade agreements, products of Thailand are not presently subject to quota restraints and visa requirements.

The applicable subheading for the Sock Style Cap, Style #242 will be 6505.90.1515, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and other headgear, knitted or crocheted, other, of cotton, flax or both, knitted, of cotton, for babies. The duty rate will be 8.2% ad valorem.

Effective January 1, 1999, the rate of duty will remain the same.

The Sock Style Cap, falls within textile category designation 239. Based upon textile trade agreements, products of Thailand not 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,

Robert B. Swierupski
Director

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