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NY J86750





July 23, 2003

CLA-2-61;62:RR:NC:TA:358 J86750

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065; 6110.20.2075; 6203.42.2050; 6204.62.2050

Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of toddlers’ wearing apparel from Indonesia

Dear Mr. Young:

In your letter dated July 11, 2003, written on behalf of Meijer Distribution, you requested a classification ruling.

One of the submitted styles, UPC#7-19283-04740 Item#724133, designed for boys, is comprised of two pieces. One of these pieces, manufactured from finely knitted fabric of 60% cotton/40% polyester, is a short-sleeved, round-necked pullover onto each of the shoulder seams of which a loop is horizontally sewn. The other of the pieces of this style, manufactured from denim of 100% cotton, is a sleeveless, one-piece garment, basically characterized by short legs and by a high back which extends into shoulder straps, which pass through the shoulder loops of the accompanying pullover, to attach by means of metal buttons to the upper corners of the bib front.

The other of the submitted styles, UPC#7-19283-04494 Item#724105, designed for girls, is comprised of two pieces. One of these pieces, manufactured from finely knitted fabric of 100% cotton, is a short-sleeved, round-necked pullover onto each of the shoulder seams of which a loop is horizontally sewn. The other of the pieces of this style, manufactured from twill fabric of 100% cotton, is a sleeveless, one-piece garment, basically characterized by wide-cut, short legs and by a high back which extends into shoulder straps, which pass through the shoulder loops of the accompanying pullover, to attach by means of buttons to the upper corners of the bib front.

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

These styles are precluded from classification as playsuits because of the extent of the fabric at the back of the garments.

The applicable subheading for the boys’ pullover will be 6110.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for pulloversand similar articles, knitted, of cotton, other, other, other, boys’; and for the girls’ pullover will be 6110.20.2075, which provides for pulloversand similar articles, knitted, of cotton, other, other, other, girls’. The duty rate will be 16.9 per cent ad valorem for both of the pullovers.

The applicable subheading for the denim garment will be 6203.42.2050, which provides for boys’trousersbreeches and shorts (other than swimwear)of cotton, other, bib and brace overalls, other, boys’ sizes 2-7, other; and for the girls’ twill garment will be 6204.62.2050, which provides for girls’trousers, bib and brace overalls, breeches and shorts (other than swimwear)of cotton, other, bib and brace overalls, other, girls’, other. The duty rates will be 10.4 and 9 per cent ad valorem, respectively.

The boys’ pullover falls within textile category designation 338, the girls’ pullover within 339, and both of the legged garments within 237. Based upon international textile trade agreements products of Indonesia may be 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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