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NY D85453




December 10, 1998

CLA-2-61:RR:NC:TA:354 D85453

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0005; 6109.10.0037; 6111.20.6010; 6114.20.0020

Mr. Sidney N. Weiss
90 Park Avenue
New York, New York 10016

RE: The tariff classification of infant and toddler garments from Bangladesh and Thailand.

Dear Mr. Weiss:

In your letter dated November 23, 1998, you requested a classification ruling on behalf of Exquisite Apparel Corporation. The submitted samples will be returned as per your request.

Three samples were provided for review. Style 3009124 is a girls' finely knit cotton short sleeve underwear T-shirt in toddler sizes 2 to 5. The garment features elasticized trim at the rounded neck, a bow sewn at the center of the neckline and a hemmed bottom.

Style 1109-05 is finely knit cotton onesie style bodysuit with short sleeves and a three snap crotch. The garment will be sold in the following sizes: infant sizes newborn to 24 months and toddler sizes 2 to 5.

Style 3009126 is a boys' finely knit cotton short sleeve underwear T-shirt in toddler sizes 2 to 5. The garment features a crew neck and a hemmed bottom. The applicable subheading for style 3009124 will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton . . . women's or girls': underwear. The rate of duty will be 19.2 percent ad valorem. The applicable subheading for style 1109-05 in infant sizes newborn to 24 months will be 6111.20.6010, HTS, which provides for Babies' garments and clothing accessories, knitted or crocheted: of cotton: other: other . . . sunsuits, washsuits and similar apparel. The duty rate will be 8.4 percent ad valorem

The applicable subheading for style 1109-05 in toddler sizes sizes 2 to 5 will be 6114.20.0020, HTS, which provides for Other garments, knitted or crocheted: of cotton . . . bodysuits and bodyshirts. The duty rate will be 11.2 percent ad valorem

The applicable subheading for style 3009126 will be 6109.10.0005, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton . . . Men's or boys': underwear: T-shirts, all white, short hemmed sleeves, hemmed bottom, crew or round neckline, without pockets, trim or embroidery. The rate of duty will be 19.2 percent ad valorem.

Styles 3009124 and 3009126 fall within textile category designation 352, while style 1109-05 infants falls within textile category designation 239 and style 1109-05 toddlers falls within textile category designation 359. Based upon international textile trade agreements products of Thailand and Bangladesh are subject to quota and the requirement of a visa with the exception of Category 239 and 359 merchandise from Bangladesh which is subject to visa requirements only at this time.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Brian Burtnik at 212-466-5880.

Sincerely,

Robert B. Swierupski
Director,

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