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NY N011879




June 19, 2007

CLA-2-61:RR:E:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059; 6112.41.0020; 6111.30.5020

Ms. Billie Chartier
L.L. Bean Inc.
15 Casco Street
Freeport, ME 04033

RE: The tariff classification of toddler and infant apparel from China.

Dear Ms. Chartier:

In your letter dated May 24, 2007, you requested a tariff classification ruling.

You have submitted pictures and specifications for item number FRV7 Sea Spray Surf Set for toddler girls. The set consists of a pullover and a swimwear bottom constructed from 80% nylon, 20% elastomeric knit fabric. The pullover top features a crew neck, three quarter length sleeves and a curved hemmed bottom. The bottom is similar to a two piece bathing suit bottom with an elasticized waist and leg openings. Item number FSF8 is the same item in infant’s sizes. The garments are designed and marketed for swim and beach wear

The applicable subheading for item number FRV7 pullover will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other, other: women’s or girls’: other. The rate of duty will be 32 percent ad valorem.

The applicable subheading for item number FRV7 bottom will be 6112.41.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear, knitted or crocheted: women’s or girls’ swimwear: of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread: girls’. The rate of duty will be 24.9 percent ad valorem.

The applicable subheading for item number FSF8 Sea Spray Surf Set infant’s sizes will be 6111.30.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, sets. The rate of duty will be 16 percent 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/.

Item number FRV7 pullover falls within textile category 639. Item number FRV7 swim bottom falls within textile category 659. Item number FSF8 falls within textile category 239. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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