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NY 853855

July 24, 1990

CLA-2-61:S:N:N3I:361 853855

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6110.30.3055; 6104.43.2010; 6405.20.9090; 6111.20.6040; 9503.49.0020

William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, N.Y. 12919

RE: The tariff classification of 3 women's knit garments from Canada; a toy from Korea; a pair of infants' footwear from China; and a babies' bib from Hong Kong.

Dear LeClair:

In your letter dated June 21, 1990, on behalf of K.J. Junior of Montreal, Quebec, Canada, you requested a tariff classification ruling.

The submitted samples are 3 women's knit garments manufactured in Canada. Included in the retail price of the garments are 3 promotional items, namely, a toy, a babies' bib and a pair of infants' booties. The importer states that these promotional items will not be sold separately but will be included in the retail price of the garments.

The first submitted sample, style number 2630B, is a woman's knit pullover manufactured from a 65% polyester/35% cotton fabric. The fabric is constructed with more than 9 stitches per 2 centimeters measured in the horizontal direction. The pullover extends to the hip and features 3/4 length raglan sleeves, a jewel neckline, a sewn on 3 inch waistband and a paper applique of a mother bear and 2 cubs on the front portion. Attached to the hanger that holds the pullover is a pair of infants' woven booties, made of man-made fibers, with a separate sole piece. The booties are in a clear plastic box and are manufactured in China.

The second submitted sample, style number 2852-4369, is a woman's knit pullover manufactured from a 50% polyester/50% cotton fabric. The fabric is constructed with more than 9 stitches per 2 centimeters measured in the horizontal direction. The pullover extends to the end of the hip and features short raglan sleeves, a sewn on 3 inch waist- band, a jewel neckline and a printed design of cats on the front portion. Attached to the hanger of the pullover is a babies' bib manufactured from a 100% cotton fabric. The bib features piping around the edge and a small version of the pullovers' printed design. The bib is made in Hong Kong.

You have indicated in your letter that the fabric of style number 2852-4369 is a blend of 50% cotton/50% polyester. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, might affect the classification and the textile category designation of the subject garment.

The third submitted sample, style number 1234-T, is a woman's knit dress composed of a 65% polyester/35% cotton fabric. The dress extends to the knees and features short sleeves, ribbing around the neckline and a hemmed bottom. Attached to the hanger that holds the dress is a stuffed toy that squeals when it is moved. The toy has a string with a suction cup permitting the toy to adhere to a surface. The toy is manufactured in Korea.

The samples are being returned as you requested.

The applicable subheading for style numbers 2630B and 2852- 4369 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pullovers of man-made fibers. The rate of duty will be 34.2 percent ad valorem.

Goods classifiable under subheading 6110.30.3055. HTS, which have originated in the territory of Canada, will be entitled to a 27.3 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for style number 1234-T will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit dresses of synthetic fibers, other. The rate of duty will be 17 percent ad valorem.

Goods classifiable under subheading 6104.43.2010, HTS, which have originated in the territory of Canada, will be entitled to a 13.6 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for the booties described above will be 6405.20.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear other than for men or women, in which the sole's external surface is predominately other than rubber, plastic, leather or composition leather; in which the upper's external surface is predominately textile materials; in which the upper, by weight, predominately consists of fiber other than vegetable fiber or wool; and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5% ad valorem.

The applicable subheading for the babies' bib will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' knit garments and clothing accessories of cotton, other. The rate of duty will be 8.6 percent ad valorem.

The applicable subheading for the toy will be 9503.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures, other than stuffed, not having a spring mechanism, other than of metal. The rate of duty will be 6.8 percent ad valorem.

Style numbers 2630B and 2852-4369 fall within textile category designation 639. Based upon international textile trade agreements, products of Canada are not subject to visa requirements or quota restraints.

Style number 1234-T falls within textile category designation 636. Based upon international textile trade agreements, products of Canada are not subject to visa requirements or quota restraints.

The babies' bib falls within textile category designation 239. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

There are no visa or quota requirements for the toy or for the pair of infants' booties classified in this ruling letter.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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