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NY F89990




August 2, 2000

CLA-2-62:LA:S:T:1:2:G04 F89990

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.20.5035; 6211.42.0060; 6211.42.0081

Mr. Ron M. del Mundo
Gymboree
700 Airport Boulevard, Suite 200
Burlingame, CA 94010

RE: The tariff classification of babies’ and toddler girls’ woven jumpers and diaper covers from India

Dear Mr. del Mundo:

In your letter dated July 18, 2000, you requested a tariff classification ruling.

The submitted sample, style 1529-20277, is a jumper and diaper cover constructed from 100% cotton woven blue denim fabric. The jumper features a square neckline in front and back, oversized armholes, a partial back opening with three button closures, a high gathered waist, two front patch pockets, and a hemmed bottom. The diaper cover features a fully elasticized waist and elasticized leg openings. The jumper and diaper cover will be imported in babies’ sizes 0-3 months, 3-6 months, 12-18 months, 24 months, and in toddler girls’ size 3T.

The applicable subheading for the jumper and diaper cover in babies’ sizes 0 to 24 months will be 6209.20.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories: of cotton: other: other: sets. The rate of duty will be 9.5% ad valorem.

The applicable subheading for the jumper in girls’ size 3T will be 6211.42.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of cotton: jumpers. The rate of duty will be 8.3% ad valorem.

The applicable subheading for the diaper cover in girls’ size 3T will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of cotton: other. The rate of duty will be 8.3% ad valorem.

The jumper and diaper cover in babies’ sizes 0 to 24 months falls within textile category designation 239. In girls’ size 3T, the jumper falls within textile category designation 359 and the diaper cover falls within textile category designation 359. As products of India, the jumper and diaper cover in girls’ size 3T is subject to a visa requirement and quota restraints based upon international textile trade agreements. The jumper and diaper cover in babies’ sizes 0 to 24 months is not subject to a visa requirement or quota restraints.

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.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 merchandise may be subject to an ITC exclusion order dealing with denim garments produced by certain acid wash methods. For further information on admissibility, you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order.

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,

Lawrence J. Rosenzweig

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