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NY I85316





August 16, 2002

CLA-2-61:RR:NC:TA:358 I85316

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2028; 6106.20.2030

Michael Ison
Kid-U-Not Inc.
1201 Central Park Drive
Sanford, FL 32771

RE: The tariff classification of children’s wearing apparel from China

Dear Mr. Ison:

In your letter dated August 12, 2002 you requested a classification ruling.

Submitted sample “1A”/”PR-7769” is comprised of two unisex garments, each of which is manufactured from finely knitted, pile fabric of 100% polyester. One of the garments is a pair of trousers, elasticized around the waistband. The other of the garments is a pullover, characterized by a brushed, finely rib-knitted waistband and cuffs of long sleeves, by a round neckline which buttons together at one of the shoulders.

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

The applicable subheading for the trousers will be 6104.63.2028, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’trousersknitted, of synthetic fibers, other, other, trousers, girls’, other, other; and for the upper-body garment will be 6106.20.2030, which provides for girls’ blouses and shirts, knitted, of man-made fibers, other, girls’, other. The duty rates will be 28.6 and 32.5 per cent ad valorem, respectively.

The trousers fall within textile category designation 648 and the upper-body garment within 639. 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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