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NY K89955




October 20, 2004

CLA-2-61;62:RR:NC:TA:358 K89955

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0040; 6109.10.0045; 6111.20.6010; 6111.20.6070; 6204.43.4040; 6209.30.3040

Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th floor
Seattle, WA 98104

RE: The tariff classification of wearing apparel for infants and children from China

Dear Mr. Mento:

In your letter dated October 11, 2004, written on behalf of Family Clubhouse, Inc. dba I Play, you requested a classification ruling.

Submitted style 256, manufactured from knitted terry of 65% cotton/35% polyester, is a loosely-fitted, hooded, short-sleeved, pullover garment, trimmed by eyelet lace.

Submitted style 259, manufactured from woven fabric of 100% nylon, is a long, loose-fitting, sleeveless garment, loosely elasticized around the straightly cut, upper edges and held up by spaghetti straps that tie together at each shoulder.

Submitted style 605 is comprised of two pieces. One of the pieces, sized for infants and manufactured from finely knitted fabric of 100% cotton, is a legless, short-sleeved, round-necked, one-piece garment that can open and close by means of snaps across the crotch. The other of these pieces, designed for children in sizes 2-6 and appearing to be unisex, is a short-sleeved, round-necked pullover, manufactured from jersey fabric of 100% cotton.

As you have requested, the sample garments are being returned.

When sized for infants the applicable subheading for style 256 will be 6111.20.6070, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of cotton, other, other, other, other; and when sized for larger girls it will be 6108.91.0040, HTS, which provides for girls’dressing gowns and similar articles, knitted, other, of cotton, other, girls’. The duty rates will be 8.1 and 8.5 percent ad valorem, respectively.

When sized for infants the applicable subheading for style 259 will be 6209.30.3040, HTS, which provides for babies’ garmentsof synthetic fibers, other, other, other; and when sized for larger girls it will be 6204.43.4040, HTS, which provides for girls’dressesof synthetic fibers, other, other, other, girls’. In either size range the duty rate will be 16 percent ad valorem.

The applicable subheading for the infants’ garment of style 605 will be 6111.20.6010, HTS, which provides for babies’ garmentsknittedof cotton, other, other, washsuits and similar apparel; and for the other garment of style 605 it will be 6109.10.0045, HTS, which provides for t-shirtsknitted, of cotton, girls’, other, t-shirts, girls’. The duty rates will be 8.1 and 16.5 percent ad valorem, respectively.

All of the garments which are sized for infants fall within textile category designation 239. The larger garments of styles 256, 259, and 605 fall within textile categories 350, 636, and 339, respectively. 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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