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NY K81733




February 10, 2004
CLA-2-61:RR:NC:3:353 K81733

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Claire Stratford
Lucy Locket Limited
Units 2A & 2B
Heckington Business Park
Station Road
Heckington, Lincolnshire
NG34 9NF England

RE: The tariff classification of girls’ ballet skirt wrap from Indonesia and China.

Dear Ms. Stratford:

In your letter dated January 6, 2004, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style DA/1297/10/14 is a girl’s ballet skirt wrap. The garment is made from a woven 100% sheer polyester fiber fabric and is worn over a leotard. The garment measures approximately 7 1/2 inches long from top to the finished bottom. The item features an elasticized waist with a hook and loop closure and small beaded flowers around the wrap side and the bottom of the skirt.

According to the Explanatory Notes, 61.14 covers knitted garments which are not included more specifically in the preceding headings of the chapter. EN 6114 Note 5 includes, inter alia: special articles of apparel used for certain sports or for dancing or gymnastics (e.g., fencing clothing, jockey’s silks, ballet skirts, leotards). The Explanatory Note to heading 61.14 applies mutatis mutandis to heading 62.11.

The applicable subheading for style DA/1297/10/14 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other track suits. Ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

Style DA/1297/10/14 falls within textile category designation 659. Based upon international textile trade agreements products of Indonesia and China 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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