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NY J84673





May 28, 2003

CLA-2-61:RR:NC:TA:358 J84673

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2020; 6111.30.5040

Will vanBeetz
Phoenix Intl.
712 N. Central Avenue
Wood Dale, IL 60901

RE: The tariff classification of an outerwear jacket for toddlers and for infants from China

Dear Mr. vanBeetz:

In your letter dated April 14, 2003, written on behalf of North American Bear Co., Inc., you requested a classification ruling.

The submitted “Kitty” garment, manufactured from pile fabric, knitted from 100% polyester, is a lined, waist-length, long-sleeved jacket, styled by a full-front, buttoned opening, by a collar, and at the lower portion of each of the fronts by an open pocket in the design of a cat’s face, which is embroidered in pink and yellow and appliqued by a yellow and white bow.

This sample garment is being returned to you.

The applicable subheading for the garment in toddlers’ sizing will be 6102.30.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’anorakswindbreakers and similar articles, knitted, other than those of heading 6104, of man-made fibers, other, other, girls’.; and in infants’ sizing will be 6111.30.5040, which provides for babies’ garmentsknittedof synthetic fibers, other, other, other. The duty rates will be 28.4 and 16.1 per cent ad valorem, respectively.

In toddlers’ sizes the jacket falls within textile category designation 635 and within infants’ sizes within 239. 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 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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