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NY K80869




December 30, 2003
CLA-2-61;56;62A:RR:NC:358:K80869

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.4000; 6109.10.0070; 6217.10.9530

William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of girls’ wearing apparel and accessories from Vietnam and from China

Dear Mr. Ortiz:

In your letter dated December 4, 2003, written on behalf of Cherry Stix Ltd., you requested a classification ruling.

Submitted styles 6207 and 6207-O are, respectively, a wide and straight-fitted, short-sleeved, boat-necked pullover, manfactured from jersey fabric of 100% cotton, and an elasticized ornament fitted around each of the sleeves.

Submitted styles 6208 and 6208-O differ by the styling of the two ornaments.

Submitted styles 6210 and 6210-O differ by the exclusion of the elasticized ornaments and the substitution of one sleeve ornament which attaches together by means of a fastener similar to the VELCRO brand.

The submitted samples are being retained by this office for reference purposes.

The applicable subheading for the short-sleeved garments will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirtsand similar garments, knitted, of cotton, girls’, other, other. In 2004 the duty rate will be 16.5 per cent ad valorem.

The applicable subheading for the elasticized ornaments will be 5609.00.4000 HTS, which provides for articlestwine, cordage, rope or cables not elsewhere specified or includedother; and for the other ornament will be 6217.10.9530 HTS, which provides for other made-up clothing accessoriesaccessories, other, other, of man-made fibers. In 2004 the duty rates will be 3.9 and 14.6 percent ad valorem, respectively.

The ornaments do not fall within a textile category designation, but the garments fall within 339. Based upon international textile trade agreements products of Vietnam 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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