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NY G83009





October 16, 2000

CLA-2-62:RR:NC:3:353 G83009

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Joann Meyers
Atlantic Customs Brokers, Inc.
One Corporate Drive, Suite 105
Windsor Locks, CT 06069

RE: The tariff classification of gardening set from China or India.

Dear Ms. Meyers:

In your letter dated September 28, 2000, on behalf of Janlynn Corporation, you requested a classification ruling. The sample submitted with the ruling request will be returned per your request.

The submitted sample is called a “Gardens Essentials Kit” and consists of an apron, gloves and wood crate. The apron and gloves are constructed of woven 100% cotton fabric and match in color. The bib apron reaches the upper thigh, features three 8-inch deep pockets that extend along its bottom, and a self-fabric neck strap and waist tie. The gloves feature a rib knit cuff. The wood crate is for carrying plants. The items will be packaged and sold at retail as a set.

The items meet the definition of “goods put up in sets for retail sale.” Since the apron imparts the essential character of this set, under General Rule of Interpretation (GRI) 3(b) the set will be classified under the heading for the apron.

The applicable subheading for the “Gardens Essentials Kit” will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of cotton, Other.” The duty rate for the set will be 8.3% ad valorem.

The textile restraint category for the apron is 359. For textile restraint purposes, the gloves are reported in subheading 6216.00.3800, HTS. The textile restraint category for the gloves is 331. Based upon international textile trade agreements products of China and India are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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