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NY G81526




September 13, 2000

CLA-2-62:A:P: G34 G81526

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.20.5030

Rita Pitts
Dillard’s, INC.
1600 Cantrell Road
Little Rock, AR 72201

RE: The tariff classification of an infant’s creeper from Taiwan

Dear Ms. Pitts:

In your letter dated August 22, 2000 you requested a tariff classification ruling.

The submitted sample, which represents both styles 11411004N and 11411004, is an infant’s creeper of 100% cotton knit and woven fabrics. The woven portion of the garment features a Peter Pan collar, short hemmed sleeves, a front and back yoke with a two-snap back closure, and an apron overlay, which has a full separation from the hemmed bottom at both the center of the front and the center of the back. The woven portion attaches to the knit body beneath the apron overlay. The knit portion features a three-snap back closure that is a lower extension of the two-snap woven portion, short hemmed leg openings, and a four-snap crotch. Style 11411004N will be imported in sizes 3 to 9 months. Style 11411004 will be imported in sizes 12 to 24 months.

GRI 3(c) provides that when goods cannot be classified by reference to GRI 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. The competing subheadings are 6111 and 6209; it is the latter which controls classification.

The applicable subheading for the infant’s creeper will be 6209.20.5030 Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories: of cotton: other: othersunsuits, washsuits and similar apparel. The rate of duty will be 9.5 percent ad valorem.

The sample is being returned to you as requested.

The creeper falls within textile category designation 239. Based upon international textile trade agreements, products from Taiwan are 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.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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