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NY J85885





July 3, 2003

CLA-2-62:RR:NC:TA:358 J85885

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3521; 6209.30.3040

Ron M. del Mundo
Gymboree Manufacturing Inc.
700 Airport Blvd., Suite 200
Burlingame, CA 94010

RE: The tariff classification of infants’ and boys’ outerwear from Thailand or Vietnam

Dear Mr. del Mundo:

In your letter dated June 27, 2003 you requested a classification ruling.

Submitted style 0436-00428, manufactured from a woven outershell of high- density, 100% nylon, which you state is coated with polyurethane, is a mesh-lined pullover, characterized by a rib-knitted waistband and cross-over collar, by fully elasticized cuffs of long sleeves, by a pocket at each of the sides of the lower front, and at one of the sides by a zippered opening which extends upwards.

As you have requested, the sample garment is being returned.

In infants’ sizes the applicable subheading for this style will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, of synthetic fibers, other, other, other. The duty rate will be 16.1 per cent ad valorem.

If this garment passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62 U.S. Note 2, then the applicable tariff subheading for it when sized for boys larger than infants will be 6201.93.3000, which provides for other boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. If the garment does not pass this test, then the applicable HTS subheading for it when sized for boys larger than infants will be 6201.93.3521, which provides for other boys’ anoraks, windbreakers and similar articles of man-made fibers. The duty rates will be 7.2 and 27.9 per cent ad valorem, respectively.

In sizes for infants this style falls within textile category designation 239. In sizes for boys larger than infants the style falls within category 634 whether or not water resistant. Based upon international textile trade agreements products of Thailand or Vietnam 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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