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NY G85793




February 12, 2001

CLA-2-62;42;64;65;87:RR:NC:TA:358 G85793

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040; 6211.43.0091; 4203.29.4000; 6403.51.9041; 6506.92.0000; 8715.00.0040

Ben Fruehman
Atlantic Adventure IMEX Ltd.
69 Cow Bay Rd., Eastern Passage, N.S.
B3G 1A2 Canada

RE: The tariff classification of articles and wearing apparel for infants and for toddlers from Turkey

Dear Mr. Fruehman:

In your letter dated January 14, 2001 you requested a classification ruling.

Three sleeping bags, identified as “winter de-luxe”, “spring/fall”, and “winter”, have been submitted. Although the fabrication of each one is different, the sample submitted as “winter de-luxe” will be addressed in this reply. This quilted sleeping bag, padded with down, manufactured from a woven outershell of 65% polyester/35% cotton, and resembling clothing, is sleeveless and round-necked, snapping together atop each of the shoulders. A zipper extends from one of the lower corners, across the lower edge of the garment, and upwards to the armhole along one of the sides.

Another submitted sample is a pair of sheepskin mittens, attached together by a cord.

Another submitted sample is a pair of cuffed booties, the uppers and outer soles of which are manufactured from leather, the remainder of which is manufactured from natural lamb.

Another submitted sample is a leather hat, lined by sheepskin, characterized by a six-panel crown, a sheepskin pompom and a sheepskin cuff. Since the sheepskin significantly adds visual impact and warmth, the essential character of the hat is imparted by the sheepskin.

Three rectangular, padded cosy bags, identified as “standard A”, “standard B”, and “de-luxe”, the woven outershells of which are manufactured from 65% polyester/35% cotton and are said to be water repellent, have been submitted. A zipper extends along three sides of the panel which forms the front and bottom of the rectangle. The back panel of the bag extends upwards, forming a flap to for the front. A smaller, unlined flap, sewn into the top seam of this extension and attached to it by means of an elasticized band at each of its sides, allows the bag to be secured to the handles of a baby stroller.

The applicable subheading for the sleeping bag in infants’ sizing 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; and in toddlers’ sizing will be 6211.43.0091, which provides for other garments, girls’, of man-made fibers, other. The duty rate for both will be 16.3 per cent ad valorem.

The applicable subheading for the mittens will be 4203.29.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of apparel and clothing accessories, of leather mittens and mitts, other, other, for other persons, not lined. The duty rate will be 12.6 per cent ad valorem.

The applicable subheading for the shoes will be 6403.51.9041, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of leather, other, covering the ankle, other, for other persons, other. The duty rate will be 10 per cent ad valorem.

The applicable subheading for the hat will be 6506.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other headgear, whether or not lined or trimmed, other, of furskin. The duty rate will be 3.3 per cent ad valorem.

The applicable subheading for the cosy bags will be 8715.00.0040, Harmonized Tariff Schedulr of the United States (HTS), which provides for baby carriages (including strollers) and parts thereof, parts. The duty rate will be 4.4 per cent ad valorem.

The sleeping bags in infants’ sizing fall within textile category designation 239 and in toddlers’ sizing fall within 659. Based upon international textile trade agreements these sleeping bags as products of Turkey 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. If you have any questions regarding the ruling, contact National Import Specialist Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director,

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