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NY K87678





July 20, 2004
CLA-2-62:RR:NC:TA:358 K87678

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040

Harry Katsaros
Nik and Associates
800 S. Hindry Avenue Unit A
Inglewood, CA 90301

RE: The tariff classification of outerwear for infants from China

Dear Mr. Katsaros:

In your letter dated July 12, 2004, written on behalf of JMI (USA) LTD, you requested a classification ruling.

The submitted garment, sized for eighteen months, is a padded garment, manufactured from a woven outershell, which you state is coated by 600MM urethane, and from a partially fleeced lining. Characteristics of this one-piece, legged garment include rib-knitted ankles, a full-front, zippered opening which extends along one of the legs, rib-knitted cuffs of long sleeves, and a hood.

The applicable subheading for this garment will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garmentsof synthetic fibers, other, other, other. The duty rate will be 16 per cent ad valorem.

The garment falls within textile category designation 239. Based upon international textile trade agreements products of China 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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