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NY L81640




January 5, 2005

CLA-2-62;96:RR:NC:TA:358 L81640

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3030; 9608.10.0000

Marc D. Torrence
V. Alexander & Co., Inc.
P.O. Box 291929
Nashville, TN 37229-1029

RE: The tariff classification of a “baby scrub set” from Pakistan and China

Dear Mr. Torrence:

In your letter dated December 22, 2004, written on behalf of Nationwide Knitwear, Inc., you requested a classification ruling.

The submitted sample is comprised of two components. One of these components, manufactured from woven fabric of 65% polyester/35% cotton, resembles a pair of scrubs, comprised of a loose-fitting pair of trousers through the waistband of which an adjustable drawstring is threaded, and of a loose-fitting, short-sleeved, v-necked garment for the upper body that fastens together vertically at the mid-section of the back by means of textile fasteners similar to the VELCRO brand. Inserted into the front pocket of the upperbody garment is a plastic, ball-point pen, the second component of the submitted sample. Both of the components of the submitted sample are packaged in a re-sealable envelope.

As you have requested, the submitted sample Is being returned.

The applicable subheading for the garments of the submitted sample will be 6209.30.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of synthetic fibers, other, other, imported as parts of sets; and for the pen will be 9608.10.0000, HTS, which provides for ballpoint pens. The duty rates will be 16 percent for the garments and 5.4 percent + 0.8 cents each for the pen.

The garments fall within textile category designation 239. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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