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NY K82968




February 11, 2004

CLA-2-62:RR:NC:TA:358 K82968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3010; 6211.33.0025

Claire Seeley
Moksha Worldwide Inc.
361 Park Avenue
Glencoe, IL 60022

RE: The tariff classification of a one-piece garment for boys’ wear from China

Dear Ms. Seeley:

This letter replaces NY K82613 dated January 23, 2004. In your original correspondence to us, dated January 19, 2004, you stated that the outer shell fabric is cotton. You now inform us that the outer shell fabric is polyester. The relevant changes are contained within the following text.

Submitted style 7534/5, manufactured from a woven outershell of 100% polyester, is a one-piece, sleeveless garment, lined by light-weight, jersey fabric. Basic characteristics of this garment, which buttons together at the upper portion of each of the sides, include suspenders, which extend from the high back to attach by means of metal buttons to the bib-front, and snaps, which extend along the inner sides of the short legs through the crotch area. Styling characteristics of this garment include embroidery, appliques, and pockets.

The submitted sample is being retained by this office for reference purposes.

When sized for infants the applicable subheading for this style will be 6209.30.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments of synthetic fibers, other, other, sunsuits, washsuits and similar apparel; and when sized for larger boys the applicable subheading will be 6211.33.0025, which provides for other garmentsboys’, of man-made fibers, washsuits, sunsuits, one-piece playsuits and similar apparel for boys. The duty rate in both size garments is 16 percent ad valorem.

In infants’ sizes the garment falls within textile category designation 239, and in larger boys’ sizes within 237. Based upon international textile trade agreements products of 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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