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NY G82811




October 19, 2000

CLA-2-62: G03 G82811

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3060, 6209.20.5050, 6211.11.8020

Ron M. del Mundo
Gymboree Corporation
700 Airport Blvd., Suite #200
Burlingame, CA 94010

RE: The tariff classification of wearing apparel from Hong Kong and Indonesia

Dear Mr. del Mundo:

In your letter dated October 6, 2000 you requested a tariff classification ruling on three garments.

The first sample, Style 1446-20002B, is a pair of 63% cotton, 37% nylon woven pull-on swim trunks with an elasticized waist and a mesh liner. The side pockets are lined with mesh; the patch pocket on the right rear hip has drain holes. There is a false fly and a non-functioning drawstring. A small decorative fabric patch is sewn on the left leg. You have indicated that this garment will be imported in the following sizes: 0-3 months, 3-6 months, 6-12 months, 12-18 months, 24 months, and 3T. This style will be made in Indonesia.

The applicable subheading for these swim trunks in the babies’ sizes (0-3,3-6,6-12, 12-18 and 24 months) will be 6209.20.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies’ garments and clothing accessories: Of cotton: Other: Other: Other: Other. The rate of duty will be 9.5 percent ad valorem.

The applicable subheading for these swim trunks in the toddler size (3T) will be 6211.11.8020, HTS, which provides for Track suits, ski-suits and swimwear; other garments: Swimwear: Men’s or boys’: Other: Of cotton: Boys’. The rate of duty will be 7.7 percent ad valorem.

The second sample, Style 543-20379, is a sleeveless dress made from a printed woven fabric that you state is 100% cotton. This dress has a round neck in both the front and back and a contrasting color collar. Buttons at the neck and mid-back areas secure the upper back opening. There is an open area in the center of the upper back. This dress has a full gathered skirt that reaches below the knee. This style will be made in Indonesia.

The third sample, Style 543-20353, is a sleeveless dress made from two different woven fabrics that you state are 100% cotton. The bodice is made from a solid pique and the skirt portion is made from a printed plain fabric. This dress has a scoop neckline in the front and a round neckline in the back. There is a partial back opening secured by plastic buttons. The dress has a full gathered skirt that reaches below the knee. This style will be made in Hong Kong.

You have indicated that both dress styles will be imported in children’s sizes small (2-3 years old), medium (3-4 years old), large (4-5 years old) x-large (5-6 years old) and xx-large (6-7 years old). The applicable subheading for both styles will be 6204.42.3060, 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): Dresses: Of cotton: Other: Other: Other: Other: Girls’. The rate of duty will be 10.1 percent ad valorem.

The babies’ swim trunk falls within textile category designation 239; the toddler swim trunk falls within textile 359; and the girls’ dresses with in textile category 336. Based upon international textile trade agreements, products of Indonesia in categories 336 and 359 are subject to quota and the requirement of a visa. Products of Hong Kong in category 336 are also 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,

Alice M Rigdon
Port Director
San Francisco

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