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NY J85247





June 16, 2003

CLA-2-61:RR:NC:TA:354 J85247

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6040; 6114.20.0060

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

RE: The tariff classification of garments from China.

Dear Mr. Zhu:

In your letter dated received May 29, 2003, you requested a classification ruling.

Style 1002 is a unisex 60% cotton 40% 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).

The applicable subheading for Style 1002 in Infant sizes will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories, knitted or crocheted: Of cotton: Other: Other . . . Other: Other. The duty rate will be 8.2% ad valorem. The textile category is 239.

The applicable subheading for Style 1002 in Toddler, Youth and Adult sizes will be 6114.20.0060, HTS, which provides for Other garments, knotted or crocheted: Of cotton: Other: Women's or girls'. The duty rate will be 10.9% ad valorem. The textile category is 359.

China is a member of the World Trade Organization (WTO), and the Style 1002 in Infant sizes is not subject to quota or the requirements of a visa. However, based upon international textile trade agreements Style 1002 in Toddler, Youth and Adult sizes are subject to quota and the requirement of a visa.

Additionally, you inquired about the quota requirements of style 1002 in a 24 months size. If the garment is part of an infants’ size range of 6 to 24 months, it currently 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 Brian Burtnik at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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