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NY J85429




June 13, 2003

CLA-2-62:RR:NC:TA:358 J85429

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3020; 6209.90.5000

Vittorio Piacente
Delicate Elegance Australia
236 Gooch Street
Thornbury 3071
Victoria
Australia

RE: The tariff classification of wearing apparel for newborn babies from Australia

Dear Mr. Piacente:

In your letter, which was received by U.S. Customs on June 11, 2003, you requested a classification ruling.

You describe styles F20B and F25, manufactured from woven fabric of 100% polyester as, respectively, a gown, and a romper, each of which is accompanied by a matching bonnet or beret; and you describe styles 4043 and F35, manufactured from woven fabric of 100% silk as, respectively, a gown, and a romper, each of which is accompanied a matching bonnet or beret.

The applicable subheading for styles F20B and F25 will be 6209.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of synthetic fibers, other, sets; and for styles 4043 and F35 will be 6209.90.5000, which provides for babies’ garments and clothing accessories, of other textile materials, containing 70 percent or more by weight of silk or silk waste. The duty rates will be 16.1 and 0.3 percent ad valorem, respectively.

Because you did not state the material composition of the soles of the booties a classification ruling cannot be issued for them.

Styles F20B and F25 fall within textile category designation 239, but the styles manufactured of silk do not fall within a textile category. Based upon international textile trade agreements products of Australia are not 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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