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NY I87533




November 5, 2002

CLA-2-63:RR:NC:TA:351 I87533

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of boys’ and girls’ float suits and a swim vest from China.

Dear Ms. Shira:

In your letter dated October 22, 2002, on behalf of Authentic Fitness Corporation, you requested a tariff classification ruling. The samples are being returned as requested.

The samples submitted are a boys’ float suit, style number 7530038, a girls’ float suit, style number 7530040 and a swim vest, representing style numbers 757342, 757553, 757423, 7570051, and 7570052. The different style numbers for the swim vest represent different colors, patterns or different customers. The articles are used as a swimming aid for children ages 2 to 4. The boys’ and girls’ float suits are one-piece suits made of 80 percent polyester/20 percent nylon stretch knit fabric. The upper torso’s interior, back and front, is constructed with eight pockets with secured flaps. Contained in the pockets are removable foam inserts. Both float suits feature a partial zippered opening at the back. The enclosed paper label states: “This is not a life saving device.”

The child sleeveless waist-length swim vest is constructed of 100 percent polyester stretch knit fabric designed for use by children ages 2 to 4. On the inside surface are eight pockets with secured flaps. Contained in the pockets are removable foam inserts. It features a front zipper closure. The enclosed cardboard label states: “This is not a life saving device.”

The applicable subheading for the float suits and swim vest will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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