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NY M86264





September 6, 2006

CLA-2-61:RR:NC:TA:358 M86264

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0040

Yvonne M. Whitley
The Millwork Trading Co., Ltd.
1359 Broadway
New York, NY 10018

RE: The tariff classification of a girl’s romper from China

Dear Ms. Whitley:

In your letter dated August 29, 2006 you requested a classification ruling.

Submitted style 950157 is a girl’s bare shoulder, romper style cover-up. It is manufactured from terry loop knit fabric that is 80% cotton, 20% polyester. The article is characterized by an upper body portion that has top coverage and is secured in place by self-fabric drawstring type shoulder straps and a self-fabric drawstring type tie closure at the top of the garment that is encased in a fabric tunnel enclosure. The garment has a rib knit gathered waistband, scoop pockets at the waist and a boy short type bottom.

Although you propose classification as a swimwear cover-up, the article lacks the physical styling characteristics associated with such items, i.e., it is not robe like in appearance.

The sample garment is being retained for reference purposes.

The applicable subheading for this style will be 6114.20.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted, of cotton, sunsuits, washsuits, one-piece playsuits and similar apparel, women’s or girls’. The duty rate will be 10.8 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 pullover falls within textile category designation 237. 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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