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NY J82420




April 9, 2003

CLA-2-61:RR:NC:TA:354 J82420

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5040; 6114.30.3070; 6117.10.2030

Mr. David Zhu
Candifa Trading Company
1000 East 10th #216
Broomfield, CO 80020

RE: The tariff classification of garments and a boa from China.

Dear Mr. Zhu:

In your letter dated March 24, 2003, you requested a classification ruling.

Three samples were submitted for classification. Style 1001 is a unisex 50% cotton 50% polyester knitted fabric union suit. The suit is a full-length (neck to ankles) garment with long sleeves. The garment features doubled fabric cuffs at the sleeves and legs, a front buttoned opening which extends from the neck to the crotch, and a three-button vertical seat flap. The garment will be available in the following sizes: Infant (6-12-18 months), Toddler (2-3-4), Youth (5-6-8-10-12-14) and Adult (XS-S-M-L-XL-XXL). Samples of the Toddler Size 3 and Adult XL were provided for review.

Style 1000 is a boa composed of polyester knitted looped fabric. The boa is approximately 72 inches in length.

The applicable subheading for Style 1001 in Infant sizes will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other, Other: Other. The duty rate will be 16.1% ad valorem. The textile category is 239.

The applicable subheading for Style 1001 in Toddler, Youth and Adult sizes will be 6114.30.3070, HTS, which provides for Other garments, knotted or crocheted: Of man-made fibers: Other, Other: Women's or girls'. The duty rate will be 15% ad valorem. The textile category is 659.

The applicable subheading for Style 1000 will be 6117.10.2030, HTS, which provides for Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers, Other. The duty rate will be 11.4% ad valorem. The textile category is 659.

China is a member of the World Trade Organization (WTO), and the Style 1001 in Infant sizes and Style 1000 are not subject to quota or the requirements of a visa. However, based upon international textile trade agreements Style 1001 in Toddler, Youth and Adult sizes 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 Brian Burtnik at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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