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NY K83516




February 24, 2004
CLA-2-61;62:RR:NC:TA:358 K83516

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6030; 6209.30.3030

Samuel N. McClure
Central Carolina Shipping, Inc.
P.O. Box 19234
Charlotte, NC 28219

RE: The tariff classification of a trunk set for infants’ wear from China

Dear Mr. McClure:

In your letter dated February 5, 2004, written on behalf of I-Play, you requested a classification ruling.

Submitted style 212 is comprised of two components to be imported together on the same hanger. One of these components, manufactured from finely knitted fabric of 100% cotton, Is a tee shirt, screen-printed on the front. The other of the components, a pair of shorts, lined by terry fabric and fully elasticized around the waistband, is manufactured from a woven outershell of 100% nylon, which you state is coated by polyurethane.

Although you state that this tankini is a swim set, it does not exhibit sufficient characteristics to be classified for tariff purposes as swimwear.

Therefore, the applicable subheading for the pullover of this style will be 6111.20.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of cotton, other, other, other, imported as parts of sets; and for the other garment of this style will be 6209.30.3030, HTS, which provides for babies’ garments, of synthetic fibers, other, other, imported as parts of sets. The duty rates will be 8.1 and 16 percent ad valorem, respectively.

Both of the garments fall within textile category designation 239. Based upon international textile trade agreements these products of China are not presently subject to quota nor 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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