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NY J82129




March 25, 2003

CLA-2-62: RR: NC: 3:353 J82129

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0015; 6211.33.0017; 6211.33.0010

Mr. Randy Williams
Seasons USA, Inc.
18644 East Powers Lane
Aurora, CO 80015

RE: The tariff classification of a costume from China.

Dear Mr. Williams:

In your letter dated, February 27, 2003, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style 12444 Space Suit is a boy’s (size 5-7) costume. The well-made costume consists of a 100% polyester woven coverall garment. The costume features a capped knit collar with a wire that makes it stand up. The coverall features long sleeves with heavy duty elasticized ends, a frontal opening with left over right hook and loop closure and heavy duty elasticized ends at the bottom of the legs. The space suit also has assorted patches sew on the suit and cargo pockets on the top and bottom portion of the legs and left arm that are secured with hook and loop closures. The Space Suit will also be imported in boys’ sizes (8-10) and adult sizes.

You indicated in your letter that you believed that the coverall was classified under subheading 6114.30.3054 as a knit coverall. However, your letter indicated the coverall was of woven construction, which you confirmed by telephone. Therefore, the coverall would be classified as a woven garment.

The applicable subheading for style 12444 (size 5-7) will be 6211.33.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: other garments, men’s or boys’: of man-made fibers, coveralls, jumpsuits and similar apparel: other: boys’: sizes 2-7. The duty rate will be 16.1 percent ad valorem.

The applicable subheading for style 12444 (size 8-10) will be 6211.33.0017, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: other garments, men’s or boys’: of man-made fibers, coveralls, jumpsuits and similar apparel: other: boys’: other. The duty rate will be 16.1 percent ad valorem.

The applicable subheading for style 12444 (men’s sizes) will be 6211.33.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: other garments, men’s or boys’: of man-made fibers, coveralls, jumpsuits and similar apparel: other: men’s. The duty rate will be 16.1 percent ad valorem.

Style 12444 (size 5-7) falls within textile category designation 237. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Style 12444 (size 8 - 10) and men’s sizes fall within textile category designation 659. 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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