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August 12, 1999

CLA-2-61:62:RR:NC:TA:3:358 E84742

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6030; 6209.20.5030; 6209.20.5045; 6211.11.1020

Ms. Evelyn P. Milling
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of two pairs of boys’ swim trunks from Bangladesh and an infant’s romper and two-piece shorts set from Thailand.

Dear Ms. Milling:

In your letter dated July 2, 1999, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #1609 – an infant’s combination knit and woven romper. The top portion of the garment is constructed of 60% cotton, 40% polyester popcorn knit fabric. The bottom portion is constructed of 100% cotton woven gingham seersucker fabric. The top portion is sleeveless and features a shirt type woven, gingham, seersucker collar, a scalloped waistline with rickrack trim, and a rear three snap closure to the waist. The top portion also has two embroidered designs of a cat’s face and two woven loops on the front panel. The bottom portion features a snap crotch, and ruffled leg openings.

Style #1122 – an infant’s two-piece shorts set. The swing top is constructed of a combination of knit and woven fabric. The upper portion of the top is constructed of 55% cotton, 45% polyester knit fabric and features a scoop neckline, short sleeves with elasticized bottoms, a three snap rear opening at the neck, embroidered lace at the waist and a decorative satin bow at the front neckline. The lower portion of the top is constructed of 100% cotton woven chambray fabric and features gathers at the waist and a hemmed bottom. The panty is constructed of 55% cotton, 45% polyester fabric and features an elasticized waistline and short elasticized leg openings. ?tc "Style #1122 – an infant’s two-piece shorts set. The swing top is constructed of a combination of knit and woven fabric. The upper portion of the top is constructed of 55% cotton, 45% polyester knit fabric and features a scoop neckline, short sleeves with elasticized bottoms, a three snap rear opening at the neck, embroidered lace at the waist and a decorative satin bow at the front neckline. The lower portion of the top is constructed of 100% cotton woven chambray fabric and features gathers at the wai"? Style #5512 - Two pair of boy’s swim trunks. Both garments are constructed of 100% nylon taslon woven fabric and feature an elasticized waist, two side pockets with velcro–type closures, and hemmed leg openings. The red pair of swimtrunks has a 65% polyester, 35% cotton knit coated jersey lining and the blue pair has a 100% polyester knit mesh lining. ?tc "Style #5512 - Two pair of boy’s swim trunks. Both garments are constructed of 100% nylon taslon woven fabric and feature an elasticized waist, two side pockets with velcro–type closures, and hemmed leg openings. The red pair of swimtrunks has a 65% polyester, 35% cotton knit coated jersey lining and the blue pair has a 100% polyester knit mesh lining. "?

You state in your letter that Style #1609, the infant’s woven romper, will be imported in sizes 12 to 24 month, Style #1122, the infant’s short set, will me imported in sizes 3/6-6/9 months and Style #5512, the boy’s swimtrunks will be imported in sizes 2T-5T.

The applicable subheading for the infant’s romper, Style #1609, will be 6209.20.5030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, of cotton, other, other, sunsuits, washsuits and similar apparel. The duty rate will be 9.6% ad valorem.

The romper falls within textile category designation 239. Based upon textile trade agreements, products of Thailand are presently not subject to visa requirements or quota restraints.

The applicable subheading for the infant’s swing top, Style #1122, will be 6209.20.5045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, of cotton, other, other, imported as parts of sets. The duty rate will be 9.6% ad valorem.

The swing top falls within textile category designation 239. Based upon textile trade agreements, products of Thailand are presently not subject to visa requirements or quota restraints.

The applicable subheading for the infant’s panty, Style #1122, will be 6111.20.6030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories knitted of crocheted, of cotton, other, other, imported as parts of sets. The duty rate will be 8.4% ad valorem.

The panty falls within textile category designation 239. Based upon textile trade agreements, products of Thailand are presently not subject to visa requirements or quota restraints.

The applicable subheading for the boy’s swim trunks, Style #5512, will be 6211.11.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments, swimwear, men’s or boys’, of man-made fibers, boys’. The duty rate will be 28.7% ad valorem.

The swim trunks fall within textile category designation 659. Based upon textile trade agreements, products of Bangladesh are presently subject to visa requirements.

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 at the Customs Web Site at WWW.CUSTOMS.USTREAS.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 212-637-7079.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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