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NY J85135




May 30, 2003

CLA-2-61:RR:NC:TA:358 J85135

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0015; 6110.20.2075; 6111.20.6040

Juan Cruz
Cappelli Straworld, Inc.
5450 N.W. 82nd Avenue
Miami, FL 33166

RE: The tariff classification of infants’ and children’s wearing apparel from China

Dear Mr. Cruz:

In your letter, which was received by U.S. Customs on May 28, 2003, you requested a classification ruling.

Submitted style #1, manufactured from fleece fabric of 100% polyester, sized for toddlers, is a one-piece, footed garment, further characterized by long sleeves, the cuffs of which are rib-knitted, and by a zippered opening which extends from one of the ankles upward to the round, rib-knitted neckline. This garment is presumed to be intended for unisex use, since its basic colors are lavender, red, and blue, and its ornamentation refers to NASA.

Submitted style #2, manufactured from jersey fabric of 100% cotton, sized for toddlers, is a long-sleeved, round-necked pullover, ornamented on the front by a large area of embroidery and appliques of textile and rhinestones.

Submitted style #3, manufactured from finely knitted fabric of 100% cotton, sized for infants, is a one-piece, footed garment, further characterized by long sleeves and by a snapped opening which extends from the crotch upwards to the round neckline. Submitted style #3A differs by ornamentation of embroidery and textile overlays.

As you have requested, the sample garments are being returned.

The applicable subheading for style #1 will be 6108.32.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’pajamasand similar articles, knitted, of man-made fibers, girls’, blanket sleepers; and for style #2 will be 6110.20.2075, which provides for pulloversand similar articles, knitted, of cotton, other, other, other, girls’. The duty rates will be 16.1 and 16.9 per cent ad valorem, respectively.

The applicable subheading for styles #3 and #3A will be 6111.20.6040, which provides for babies’ garments, knitted, of cotton, other, other, other, other. The duty rate will be 8.2 per cent ad valorem.

Nightwear for children in sizes 014 is subject to the flammability standards of the Consumer Products Safety Commission, (CPSC). Please contact the CPSC regarding compliance.

The blanket sleeper sized for toddlers falls within textile category designation 651, the pullover within 339, and the sleepwear for infants 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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