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NY N020876

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January 10, 2008

CLA-2-62:OT:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0030; 6209.20.5030; 6203.42.2050; 6211.32.0015; 6209.20.5050; 6102.20.0020; 6209.90.5000

Mr. Kevin Ekstrand
Laufer Group International Ltd.
1446 Taney Street
North Kansas City, MO 64116

RE: The tariff classification of infant and children’s articles from Columbia, Philippines and China.

Dear Mr. Ekstrand:

In your letter dated December 17, 2007, on behalf of Strasburg-Jarvis Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted five samples. Style C1263 is a toddler boy’s (sizes 2 years – 4 years) gingham shortall constructed of woven cotton fabric. The shortalls have a bib type opening secured by two buttons on the top of each shoulder. The crotch of the garment is secured by a five button closure. The garment also includes side flap pockets and a hemmed bottom. Style C1263 will also be imported in infant’s sizes 3 – 24 months.

Style C1320 is a toddler boy’s (sizes 2 years – 4 years) seersucker shortall constructed of woven cotton fabric. The shortalls are elasticized at the back waistband, feature a button on each side of the waist and suspenders sewn onto the back waist and buttoned to the front bib. The crotch of the garment is secured by a three button closure. The garment also includes side flap pockets and a hemmed bottom. Style C1263 will also be imported in infant’s sizes 3 – 24 months.

Style C1248 is a toddler boy’s (sizes 2 years – 4 years) seersucker coverall constructed of woven cotton fabric. The coveralls have a bib type opening secured by two buttons on the top of each shoulder. The crotch of the garment is secured by a nine button closure. The garment includes a hemmed bottom. Style C1248 will also be imported in infant’s sizes 3 – 24 months.

Style CAPE752W is a girl’s cape constructed of finely knit cotton fabric. The cape features a one button closure at the neck and reaches below the wearer’s elbows and to the waist.

Style CHR77 is an infant’s 3-6 months Christening Gown Set constructed of silk woven fabric. The Set also includes a matching hat.

The applicable subheading for style C1263, toddler boy’s sizes will be 6211.32.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, men’s or boys’ : of cotton, washsuits, sunsuits, one-piece playsuits and similar apparel for boys. The duty rate will be 8.1 percent ad valorem. The country of origin is Columbia.

The applicable subheading for styles C1263 and C1320 infant’s sizes will be 6209.20.5030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories: of cotton: other, sunsuits, washsuits and similar apparel. The duty rate will be 9.3 percent ad valorem. The country of origin is Columbia.

The applicable subheading for style C1320 toddler boy’s sizes will be 6203.42.2050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ suits, bib and brace overalls, breeches and shorts: of cotton: other: bib and brace overalls, boys’ sizes 2-7: other. The duty rate will be 10.3 percent ad valorem. The country of origin is Columbia.

The applicable subheading for style C1248, toddler boy’s sizes will be 6211.32.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, men’s or boys’ : of cotton, boys’ sizes 2-7. The duty rate will be 8.1 percent ad valorem. The country of origin is the Philippines.

The applicable subheading for style C1248 infant’s sizes will be 6209.20.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories: of cotton: other: other, other: other. The duty rate will be 9.3 percent ad valorem. The country of origin is the Philippines.

The applicable subheading for style CAPE752W will be 6102.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ overcoats, capes, cloaks. knitted or crocheted, other than those of heading 6104: of cotton, girls’. The duty rate will be 15.9 percent ad valorem. The country of origin is China.

The applicable subheading for style CHR77 will be 6209.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories: containing 70 percent or more by weight of silk or silk waste. The duty rate will be Free. Country of origin is Columbia.

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/.

Style CAPE752W falls within textile category 335. 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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See also:

• Tariff No.: 6102.20.00 - Women's or girls' overcoats, carcoats, capes, cloaks, anoraks, windbreakers and similar articles, knitted or crocheted, of cotton
• Tariff No.: 6203.42.20 - Men's or boys' bib and brace overalls, not knitted or crocheted, of cotton, not containing 10 to 15% or more by weight of down, etc
• Tariff No.: 6209.20.50 - Babies' garments & clothing acc. nesoi, of cotton, incl. sunsuits & sim app, sets & parts of sets, & diapers, not knitted or crocheted
• Tariff No.: 6209.90.50 - Babies' garments and clothing accessories, of text mats(except wool, cotton or mmf), cont 70% or more by wt of silk or silk waste, not k/c
• Tariff No.: 6211.32.00 - Men's or boys' track suits or other garments nesoi, not knitted or crocheted, of cotton