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NY J84640




May 15, 2003

CLA-2-62:RR:NC:3:353 J84640

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Rhonda S. Suggs
Blue Ridge International Products Company P.O. Box 989
Freeport, FL 32439

RE: The tariff classification of an apron and mitt set from China.

Dear Ms. Suggs:

In your letter dated April 30, 2003, you requested a classification ruling.

Your submitted sample, style 77040 is Homer Simpson BBQ Apron & Mitt Set. The 100% cotton woven bib apron features a neck strap, self ties and a hemmed bottom. It is printed with a Simpson cartoon. The BBQ mitt has a cotton shell with polyester fill. The mitt is printed with words “The Simpsons” and a cloud of smoke. The item is packaged in a box as a set for retail sale. The apron imparts the essential character of the item.

The applicable subheading for style 77040 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, and swimwear and other garments: other garment’s women’s or girls’: of cotton, other. The duty rate will be 8.2 percent ad valorem.

The apron falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. China is a member of the World Trade Organization (WTO). Although the apron is subject to quota and the requirements of a visa, the mitt in the set is not subject to quota or 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.

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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