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NY H88287




March 22, 2002

CLA-2-62:RR:NC:3:353 H88287

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2071; 6204.62.2050

Mr. Mark Levine
Aeromax Inc.
249 North Eric Drive
Palatine, IL 60067

RE: The tariff classification of a children’s firefighter suit costume from China.

Dear Mr. Levine:

In your letter dated February 21, 2002, you requested a classification ruling. As requested, your sample will be returned.

Your submitted sample, style as yet unassigned is a Jr. Firefighter Suit costume consisting of two garments. The jacket is made of a 100% cotton woven fabric. The garment features a collar, full frontal opening with a zippered closure, and additional placket with three hook and loop closures and three toggle fasteners, ribbon trim on the chest and bottom of garment and around sleeve, hemmed sleeve bottom and inset rib-knit cuff and hemmed bottom. In addition, the garment features elbow patches, an embroidered “fire marshal” patch on the chest and a large embroidered “Jr. Fire Fighter” patch across the back of the garment.

The bib and brace overalls are made of a 100% cotton woven fabric. The garment features a front bib. The rear panels which are slightly lower than the front bib, have adjustable shoulder straps with metal hooks that attach to metal buttons on the bib front. The garment also features flapped cargo pockets with hook and loop closure below the waist, knee patches and ribbon trim near the hemmed bottom of the overall.

The children’s firefighter costume consists of two garments, a jacket and bib and brace overall. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets.

The applicable subheading for the jacket will be 6202.92.2071, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks, windbreakers and similar articles, other than those of heading 6204: Anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets): of cotton: other: other, other, girls’. The duty rate will be 9 percent ad valorem.

The applicable subheading for the bib and brace overalls will be 6204.62.2050, Harmonized Tariff Schedule of the United States (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: trousers, bib and brace overalls, breeches and shorts: of cotton: other: bib and brace overalls,other: girls’: other. The duty rate will be 9 percent ad valorem.

The jacket falls within textile category designation 335. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The bib and brace overalls fall within textile category designation 237. 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 Kenneth Reidlinger at 646-733-5053.

Sincerely,

Robert B. Swierupski
Director,

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