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NY M84320




June 22, 2006

CLA-2-62:RR:NC:TA:358 M84320

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3040; 6204.42.3060; 6211.42.0081

Rhoda A. Salus
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of toddlers’ wear from China

Dear Ms. Salus:

In your letter dated June 14, 2006, written on behalf of Coffee Bean, Inc., you requested a classification ruling.

Each of submitted styles 611255 and 611252, manufactured from woven fabric of 100% cotton, is comprised of two garments. One of the garments of each of these styles is an unlined, panty-like garment, fully elasticized around the waistband and around the leg openings. The other garment of style 611255 is basically a loosely fitted, sleeveless dress of gingham that buttons together vertically along the mid-section of the back. The other garment of style 611252 is a loosely fitted, sleeveless, pullover dress of pique.

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

The applicable subheading for the panty-like garments will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garmentsgirls’of cotton, other. The applicable subheading for the dress of style 611255 will be 6204.42.3040, HTSUS, which provides for girls’dresses, of cotton, other, other, other, with two or more colors in the warp and/or the filling, girls’; and for the dress of style 611252 will be 6204.42.3060, HTSUS, which provides for girls’dresses, of cotton, other, other, other, other, girls’. The duty rate for both panty-like garments will be 8.1 per cent ad valorem, and the duty rate for both dresses will be 8.4 per cent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The panty-like garments fall within textile category designation 359 and the dresses within 336. 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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