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NY H87746




February 20, 2002

CLA-2-61:RR:NC:TA:358 H87746

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5040

Evelyn P. Milling
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of infants’ pramsuits from Bangladesh

Dear Ms. Milling:

In your letter dated February 13, 2002 you requested a classification ruling.

Except for the color, presumably blue for boys and pink for girls, submitted samples 5101A and 5101B appear almost identical. Both of the polyfilled garments are manufactured from an outershell of fleece of 100% polyester, and lined by jersey fabric of 65% polyester/35% cotton.

A full-front, zippered opening, extends from the neckline down the right leg of the boys’ garment and down the left leg of the girls’ garment. A flap of fabric, covering the upper portion of this zippered opening, fastens to the body of the garment by means of buttons, and below the neckline by a fabric fastener similar to the VELCRO brand. Other styling characteristics include a hood, the edge of which is partially elasticized, rib-knitted ankles, and an additional, vertical row of buttons at the front for decorative purposes. Inside the rolled cuff of each of the long sleeves a snap fastener attaches to a snap located on a narrow strip of self-fabric, which extends from a mitten of the same fabric.

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

The applicable subheading for the garments will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted, of synthetic fibers, other, other, other. The duty rate will be 16.2 per cent ad valorem.

The suits fall within textile category designation 239. Based upon international textile trade agreements products of Bangladesh 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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