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NY E83748




July 13, 1999

CLA-2-61:A:P: G34

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5020; 6110.30.3055; 6104.63.2028

Elizabeth McKee
Millenitex
20 Maud Street, 5th Floor
Toronto, Ontario, Canada M5V 2M5

RE: The tariff classification of an infant’s set, a girl’s pullover and pants, and a woman’s pullover from Canada

Dear Ms. McKee:

In your letter dated June 22, 1999 you requested a tariff classification ruling.

The submitted samples, style numbers, SW5050D and PA3000D, represent an infant’s pullover and pants set and a girl’s pullover and pants made of 100 percent polyester fleece. The pullover features a front opening with a six-inch zipper closure through the standup collar, long hemmed sleeves, and a straight hemmed bottom. The pull-on pants feature an elasticized waist and long hemmed leg openings. The pullovers and pants will be imported in infants’ sizes 12 to 24 months and toddler girls’ sizes 3T.

The submitted sample, style SW5040D, is a woman’s pullover and will be constructed of 65 percent polyester and 35 percent viscose fleece. The garment will also be made of 100 percent polyester fleece. The garment features a front opening with a nine inch zipper closure through the standup collar, long hemmed sleeves, a kangaroo pocket below the waist, and a straight hemmed bottom with side vents. The pullover will be imported in women’s sizes M to XL.

The applicable subheading for the infant’s pullover and pants set will be 6111.30.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of synthetic fibers, other, sets. The rate of duty will be 16.5 percent ad valorem .

The applicable subheading for the girl’s and woman’s pullovers will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers, other, other, other, other, other, women’s or girls’. The rate of duty will be 33.1 percent ad valorem.

The applicable subheading for the girl’s pants will be 6104.63.2028, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, trousers and breeches, girls’, other, other. The rate of duty will be 29.1 percent ad valorem.

The infant’s set falls within textile category designation 239, the girl’s and woman’s pullovers fall within textile category designation 639, and the girl’s pants fall within textile category designation 648. Based upon international textile trade agreements, products of Canada are not subject to quota and the requirement of a visa.

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 also 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,

Anita Terry-McDonald
Port Director

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