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NY N012330




June 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5010; 6110.20.2040

Ms. Nancy Venezia
All-Ways Forwarding of NY, Inc.
182-30 150th Road
Jamaica, NY 11413

RE: The tariff classification of infant’s bodysuits and a boys’ sweatshirt from China.

Dear Ms. Venezia:

In your letter dated May 31, 2007, on behalf of Outerstuff, Ltd., you requested a classification ruling.

You have submitted four samples. Style K42CA3 is an infant boy’s creeper constructed from nylon mesh knit fabric. The short sleeve bodysuit features a V neckline collar, a three snap crotch closure and self-capping around the leg openings. The bodysuit is meant to evoke a University of Miami football jersey.

Styles K42CA1 and K42CA2 are infant boy’s creepers constructed from nylon mesh knit fabric. The short sleeve bodysuits feature a V neckline collar, a three snap crotch closure and self-capping around the leg openings. The bodysuits are meant to evoke a Florida State football jersey.

Style 28Z7F is a boy’s sweatshirt constructed from 80% cotton, 20% polyester knit fabric. The long sleeve sweatshirt features a hood, long sleeves with rib-knit cuffs and a finished bottom with draw cord. The sweatshirt features the words “Celtics Basketball” embroidered on the front.

The applicable subheading for styles K42CA3, K42CA1 and K42CA2 (infant sizes) will be 6111.30.5010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, sunsuits, washsuits and similar apparel. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 28Z7F will be 6110.20.2040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other, sweatshirts: men’s or boys’. The duty rate will be 16.5 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/.

Styles K42CA3, K42CA1 and K42CA2 fall within textile category 239. Style 28Z7F falls within textile category 338. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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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