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NY H83446




July 26, 2001

CLA-2-61:RR:NC:3:353 H83446

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1005, 6111.30.5040

Mr. Ron M. del Mundo
Gymboree
700 Airport Blvd., Suite #200
Bulingame, CA 94010

RE: The tariff classification of a rain slicker from China.

Dear Mr. Del Mundo:

In your letter dated July 9, 2001 you requested a tariff classification ruling. The sample will be returned to you ad requested.

The submitted sample, style #436-20426 is a boy’s rain slicker composed of knit 100% polyester fabric coated on the outer surface with PU compact plastic material that completely obscures the underlying fabric. The rain slicker has full front zipper closure with a snap flap, two snap side pockets and an attached hood. You state that the rain slicker will also be imported in sizes 0-6 months, 12-18 months, 18 months and children’s sizes S-M-L-XL-XXL (ages 2-3-, 3-4,4-5, 5-6, 6-7 years old).

The applicable subheading for the boy’s rain slicker, style #436-20426 S to XXL ages (2 to 7 years old) will be 6113.00.1005, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Coats and jacket: Men’s and boys’.” The rate of duty will be 4.9% ad valorem.

The applicable subheading for the rain slicker, infant sizes 0-6months, 12-18 months and 18 months will be 6111.30.5040, Harmonized tariff Schedule of the United States (HTS), which provides for “Babies’ garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other, Other: Other.” The duty rate will be 16.3% ad valorem.

The infant size rain slicker falls within textile category designation 239. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. There are no quota restrictions or visa requirements on sizes S-XXL or ages 2 to 7 years old.

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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