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NY E82624





June 22, 1999

CLA-2-62: G03 E82624

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5021; 6203.43.1500; 6203.43.2005; 6209.30.3040; 6211.43.0007

Ron M. del Mundo
Gymboree
700 Airport Blvd., Suite 200
Burlingame, CA 94010-1912

RE: The tariff classification of babies’ and children’s outerwear from China, Indonesia and Thailand

Dear Mr. del Mundo:

In your letter dated May 25, 1999 you requested a tariff classification ruling.

The first submitted item, Reference #45164 is made from a woven fabric which you state is 100% nylon. This garment is a bib and brace overall with a partial front zip opening. There are zippers running almost the entire length of both side seams. The zippers end just above the elasticized ankles. The back bib is joined to the front by means of adjustable narrow elasticized self-fabric straps with plastic buckles. This garment is lined with a fleece lining and the outer back seat area has an overlay of a heavier woven fabric. Three rows of elasticized stitching adjust the fit of the mid back bib. Your letter states that this will be made in China. You have clarified the size range of this item. It will be imported to fit both babies and boys to size 7.

The second submitted item, Reference #55315 is made from a woven fabric which you state is 100% nylon. This garment is a long sleeve pullover jacket with a partial front zip opening. It has a stand up collar and a kangaroo pocket that is accessible from two vertical zippered openings at the lower center front. The wrists and bottom are finished with a narrow band of knit capping. The jacket is lined and has a layer of man made fiber padding. Your letter states that this will be made in Indonesia. You have clarified the size range of this item. It will be imported to fit girls sizes 3 to 5.

The third submitted item, Reference #30217 is made from a woven fabric that you state is 100% polyester. This garment is a one-piece coverall. It has long sleeves, long legs and a hood. There is a partial front zipper and zippered crotch. The wrists and ankles have ribbed knit cuffs. The entire garment is lined with a man made fiber fleece fabric. There is a strip of contrasting color fabric across the upper chest. You letter states that this garment will be made in Thailand. You have clarified the size range of this item. It will be imported to fit both babies and girls to size 3.

The applicable subheading for both #45164 (the bib and brace overall) and #30217 (the coverall) in babies sizes 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 16.5 percent ad valorem.

The applicable subheading for #30217 (the coverall) in girls’ sizes will be 6211.43.0007, HTS, which provides Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: Coveralls, jumpsuits and similar apparel: Other, insulated for cold weather protection. The rate of duty will be 16.5 percent ad valorem.

If #45164 (the bib and brace overall) passes the water resistance test specified in the HTS, Chapter 62, Additional U.S. Note 2, then the applicable subheading for #45164 (the bib and brace overall) in boys’ sizes will be 6203.43.1500, 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 synthetic fibers: Other: Bib and brace overalls: Water resistant.. The rate of duty will be 7.4 percent ad valorem. If this item does not pass the water resistance test then the applicable HTS will be 6203.43.2005, which provides as above but for Other: Insulated, for cold weather protection. The rate of duty will be 16% ad valorem.

The applicable subheading for #55315 (the pullover jacket) is 6202.93.5021, HTS, which provides for Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks, (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets) other than those of heading 6204: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Other: Girls’. The rate of duty will be 28.6 percent ad valorem.

Items #45164 and #30217 in babies’ sizes fall within textile category designation 239. Item #45164 in boys’ sizes and Item #30217 in girls’ sizes both fall within category 659. Item #55315 falls within category 635. Based upon international textile trade agreements, products of China in category 239 and 659, products of Indonesia in category 635 and products of Thailand in category 659 are subject to quota restraints and the requirement of a visa, while those in category 239 from Thailand are not.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should be verified at the time of shipment.

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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