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NY H80463





May 18, 2001

CLA-2-61:LA:S:T:1:2:G04 H80463

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3005; 6203.42.4040

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a boy’s two-piece playsuit from Hong Kong

Dear Mr. Evan:

In your letter dated April 30, 2001, on behalf of your client, Wear Me Apparel Corporation, you requested a tariff classification ruling.

The submitted sample, style 9964-7723, is a boy’s two-piece playsuit consisting of a knit pullover and woven trousers. The pullover is constructed from 65% polyester, 35% cotton finely knit fabric and features a rib knit crew neckline, long sleeves with rib knit cuffs, and a straight hemmed bottom. The trousers are constructed from 100% cotton woven fabric and feature a zippered fly front opening with a button closure at the waist, two front scoop pockets, one front coin pocket, two back patch pockets, and hemmed leg openings. The waistband of the trousers is straight and does not contain any elastic or belt loops. There are four buttons located at the waistline of the pullover (two in front and two in back, positioned on each side of the garment center) that attach to the waistline of the trousers by means of compatible buttonholes. The buttons are oversized and in a contrasting color. The playsuit will have a descriptive hangtag affixed to it that will be visible to the consumer and will state “2 PC PLAYSUIT WITH REINFORCED 4 BUTTON/BUTTON HOLE ATTACHMENT.” The hangtag will feature illustrations of the pullover and trousers and show how they attach to each other and that they are meant to be worn together. The two-piece playsuit will be imported in boy’s sizes 4 to 7.

Your sample will be returned as requested.

The applicable subheading for the pullover will be 6110.30.3005, 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: boys’ and girls’ garments imported as parts of playsuits. The rate of duty will be 32.7% ad valorem.

The applicable subheading for the trousers will be 6203.42.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ . . . trousers, bib and brace overalls, breeches and shorts: of cotton: other: other: trousers and breeches: boys’: other: imported as parts of playsuits. The rate of duty will be 16.9% ad valorem.

The pullover and trousers fall within textile category designation 237. As products of Hong Kong, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

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,

Vera Adams

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