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NY J84589




May 27, 2003

CLA-2-63:RR:NC:N3:351 J84589

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 6110.30.3055, 6104.63.2060

Ms. Lynn B. Stan
EMSA
2185 Citygate Drive
Columbus, OH 43219

RE: The tariff classification of a shirt, shorts, and a flotation vest from Thailand.

Dear Ms. Stan:

In your letter dated April 28, 2003, you requested a ruling on behalf of Kent Sporting Goods Co., of New London, Ohio, on tariff classification.

You submitted samples of a child’s unisex shirt, shorts, and flotation vest. The flotation vest is made of neoprene and is filled with foam panels. It closes with a zipper and has webbed straps and plastic buckles for adjusting the fit. The pullover has raglan short sleeves. The shorts have a fully elasticized waistband. Both the pullover and shorts are made of knitted fabric that is 90% polyester and 10% spandex.

The samples will be returned as requested.

The applicable subheading for the flotation vest will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.

The applicable subheading for the shirt will be 6110.30.3055, HTS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: women’s or girls’. The general rate of duty will be 32.2 percent ad valorem. This product falls within textile category designation 639.

The applicable subheading for the shorts will be 6104.63.2060, HTS, which provides for women's or girls’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, shorts, girls’. The general rate of duty will be 28.4 percent ad valorem. This product falls within textile category designation 648.

Based upon international textile trade agreements products of Thailand which fall within categories 638 and 648 are currently 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Articles classifiable under subheading 6307.90.9889, HTS, which are products of Thailand, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP.”

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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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