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NY L85819




July 6, 2005

CLA-2-62:RR:NC:3:353 L85819

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.3000; 6114.20.0060

Mr. Mark Stephens
TrendyKid
P.O. Box 9966
Washington, DC 20016

RE: The tariff classification of a coverall and bib from China.

Dear Mr. Stephens:

In your letter dated June 22, 2005, you requested a tariff classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. The first sample “Paint’n’Play” is a woven100% nylon toddler’s coverall coated with compact polyurethane that completely obscures the underlying fabric. The toddler’s coverall features hook and loop closures at the back opening and on the elasticized wrists and ankles. You state the item is used by toddlers while painting, cooking, eating or general play. Imported with the coverall is a carry bag of the same fiber construction, it measures approximately 5 ¼ inches wide and 7 ½ inches long and has a drawstring closure. Previously, Customs has ruled that bags of this type imported and sold with the coverall are composite goods.

The second sample “Long Sleeved Bib” is a knit 100% cotton bib. The bib features sleeves, an animal appliqué and a back hook and loop closure. The item is designed for toddlers and is “one size”.

You proposed classification of both garments under heading 6111, which is for infants. Infants sizes range from 0 – 24 months, these items are for toddlers. In addition, you propose classification for the “Paint’n’Play” as a knit garment of artificial fiber: the garment is of coated woven synthetic fiber.

The applicable subheading the “Paint’n’Play” will be 6210.50.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women‘s or girls’ garments: of man-made fibers: having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric. The rate of duty will be 3.8 percent ad valorem.

The applicable subheading the “Long Sleeved Bib” will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of cotton, other: women’s or girls’. The rate of duty will be 10.8 percent ad valorem.

The “Long Sleeved Bib” falls within textile category designation 659. 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 Kenneth Reidlinger at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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