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NY H86577




December 20, 2001

CLA-2-62;64:RR:NC:TA:358 H86577

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.1000; 6209.30.2000; 6405.90.9000

Sandra Walker
Hellmann Worldwide Logistics, Inc.
448 Grandview Drive
South San Francisco, CA 94080

RE: The tariff classification of infants’ and toddlers’ wear from China

Dear Ms. Walker:

In your letter dated December 18, 2001, on behalf of J.W. Collection, you requested a classification ruling.

Each of the three submitted samples is manufactured from a woven outershell of 100% polyester, lined by woven polyester, and filled with down insulation.. Both of styles JW02 and JW03 are trousers, fully elasticized around the waistline; however, style JW02 is footed. Style JW01 is a quilted bootie, trimmed around the ankle with rib-knitted fabric.

As you have requested, the sample garments are being returned.

The applicable subheading for the trousers in toddlers’ sizes will be 6204.63.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’, trousers, of synthetic fibers, containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down; and for the trousers in infants’ sizes will be 6209.30.2000, which provides for babies’ garments, of synthetic fibers, trousers. The duty rates are 1.4 per cent ad valorem and 29.1 per cent, respectively; and will be 0.09 percent ad valorem and 29 per cent ad valorem, respectively, in 2002.

The applicable subheading for the booties will be 6405.90.9000, which provides for other footwear with uppers, of man-made fiber textile materials and outer soles of textile materials, which are not disposable footwear. The duty rate is 12.5 per cent ad valorem and will remain the same in 2002.

The toddlers’ trousers and the bootie do not fall a within textile category designation, but the infants’ trousers fall within textile category designation 239. Based upon international textile trade agreements products of China 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 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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