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NY L80434




November 4, 2004

CLA-2-61;62:RR:NC:TA:358 L80434

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5020; 6112.41.0020; 6209.30.3020; 6211.12.1020

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

RE: The tariff classification of infants’ and toddlers’ wearing apparel from China

Dear Mr. Mento:

In your letter dated October 29, 2004, written on behalf of Family Clubhouse, Inc. dba I Play, you requested a classification ruling.

Submitted style 222, manufactured from woven fabric of 100% nylon, is a two-piece swimsuit, the top piece of which is bra-styled and the bottom piece of which is a panty-like garment, fully elasticized around the waistband and around the leg openings into which a terry liner, laminated by polyester film, is sewn.

Submitted style 213, manufactured from knitted fabric of 80% polyester/20% spandex, is comprised of three pieces. Two of these pieces comprise a swimsuit, the top piece of which is bra-styled and the bottom piece of which is a panty-like garment, fully elasticized around the waistband and around the leg openings into which a terry liner, laminated by polyester, is sewn. The third piece of this style, which you have designated as a “skirtini” to be worn as a cover for the bottom of the swimsuit, is a wraparound garment, tying together at its elasticized, upper edge.

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

The applicable subheading for style 213 in infants’ sizes will be 6111.30.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted, of synthetic fibers, other, sets; and in sizing for larger girls will be 6112.41.0020, HTS, which provides for swimwear, knittedgirls’ swimwear, of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread. The duty rates will be 16 and 24.9 percent ad valorem, respectively.

The applicable subheading for style 222 in infants’ sizes will be 6209.30.3020, HTS, which provides for babies’ garmentsof synthetic fibers, other, sets; and in sizing for larger girls will be 6211.12.1020, HTS, which provides for swimweargirls’, of man-made fibers, girls’. The duty rates will be 16 and 11.8 percent ad valorem, respectively.

Both styles fall within textile category designation 239 for infants’ sizes and within 659 for larger sized girls. 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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