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NY L80435




November 4, 2004

CLA-2-61:RR:NC:TA:358 L80435

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5020; 6111.30.5070

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

RE: The tariff classification of infants’ wearing apparel from Chin

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 219, manufactured from a knitted outershell of 80% polyester/20% spandex, is a tank-styled swimsuit, fully elasticized around the leg openings into which a panty that is laminated by polyester film is sewn in order to protect the seat of the garment.

Submitted style 300, manufactured from knitted fabric of 87% nylon/13% spandex, is comprised of two pieces that are coordinated both by color and by fabric. One of these pieces is a short-sleeved pullover. The other of the pieces is a legged garment, fully elasticized around the waistband, into which a terry panty that is laminated by polyester film is sewn in order to protect the seat of the garment.

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

The applicable subheading for style 219 will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garmentsknittedof synthetic fibers, other, other, other; and for style 300 will be 6111.30.5020, HTS, which provides for babies’ garmentsknittedof synthetic fibers, other, sets. The duty rate for both of the styles will be 16 percent ad valorem.

Both styles fall 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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