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NY K80182




October 31, 2003

CLA-2-62:RR:NC:TA:358 K80182

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2061; 6209.20.5050

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

RE: The tariff classification of outerwear for infants and for boys from Thailand

Dear Mr. del Mundo:

In your letter dated October 17, 2003 you requested a classification ruling.

Submitted style 1442-00136-99, manufactured from woven fabric of 100% cotton, is an unlined pullover, characterized by elasticized cuffs of long sleeves, by a partial-front, zippered opening, by a hood, and by a pocket across most of the lower portion of the front. Although the garment, displaying none of the styling characteristics pertaining to boys’ wear, appears to be designed for unisex wear, you state that this style is intended for boys’ wear.

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

When sized for infant boys the applicable subheading for the garment will be 6209.20.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, of cotton, other, other, other, other; and when sized for larger boys the subheading will HTS 6201.92.2061, which provides for windbreakers and similar articlesof cotton, other, other, other, other, boys’. The duty rates will be 9.4 and 9.5 per cent ad valorem, respectively.

In infants’ sizes the garment falls within textile category designation 239 and in sizes for larger boys within 334. Based upon international textile trade agreements products of Thailand 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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