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NY N021085




January 16, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3035; 6111.30.4000

Ms. Kim Young
BDP International, Inc.
2929 Walker Avenue N.W., 2nd Floor
Grand Rapids, MI 49544

RE: The tariff classification of toddler and infants vests from China.

Dear Mr. Young:

In your letter dated December 17, 2007, on behalf of Meijer Distribution, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, style #0211-023TF8130 is a toddler (size 2 – 5) uni-sex vest constructed from polyester knit fleece fabric. The vest features oversized armholes, a stand up collar, a full frontal opening with a zipper closure and front slash pockets. Style #02INF8130 is the identical garment, except it is imported in newborn sizes 0-9 months and infant sizes 12-24 months.

The applicable subheading for Style #0211-023TF8130 will be 6110.30.3035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other, vests, other than sweater vests: women’s or girls’. The duty rate will be 32 percent ad valorem.

The applicable subheading for Style #02INF8130 will be 6111.30.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, except those imported as parts of sets: The duty rate will be 30 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/.

Style #0211-023TF8130 falls within textile category 659. Style #02INF8130 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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