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October 7, 1996

CLA-2-61:LA:S:T:1:2:G04 A87515


TARIFF NO.: 6107.91.0030

Ms. Saralee Antrim-Saizan

Customs Compliance Administrator

Carmichael International Service

533 Glendale Boulevard

Los Angeles, CA 90026-5097

RE: The tariff classification of a child's knit union suit and cap from Macau

Dear Ms. Antrim-Saizan:

In your letter dated September 6, 1996, on behalf of Warner Brothers Worldwide Retail, you requested a tariff classification ruling.

The submitted sample, style 5003, is a child's union suit and matching cap constructed from 100% cotton finely knit fabric. The union suit is one piece extending from the neck to the ankles and features a frontal opening extending from the neck to the crotch with left over right button closure, long sleeves with rib knit cuffs and rib knit cuffs at the leg openings. The cap is pointed with a pompom at the end. The garment will be imported in children's sizes XXS to XL.

Chapter 61, Note 9 states that garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments unless the cut of the garment clearly indicates that it is designed for one or other of the sexes. Based on this note, style 5003 will be classified as a boy's garment.

The union suit and cap are considered to be composite goods and are classified together following rule 3(b) of the General Rules of Interpretation, Harmonized Tariff Schedule of the United States (HTS). The essential character is imparted by the union suit.

Your sample will be returned as requested.

The applicable subheading for style 5003 will be 6107.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of cotton: sleepwear. The rate of duty will be 9.2% ad valorem.

The garment falls within textile category designation 351. As a product of Macau, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

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. 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 merchandise is subject to Consumer Product Safety Commission (CPSC) flammability fabrics standards. Please contact the CPSC to determine the status of this merchandise for compliance purposes. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of CPSC standards.

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

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.


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