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NY I80962

May 7, 2002

CLA-2-61;65:RR:NC:TA:358 I80962


TARIFF NO.: 6104.63.2060; 6110.30.3055; 6114.30.3054; 6505.90.8090

Frank Gomez
World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045

RE: The tariff classification of wearing apparel from Australia

Dear Mr. Gomez:

In your letter dated April 24, 2002 you requested a classification ruling.

Three of the submitted samples, each of which is manufactured from tightly knitted fabric of 84% nylon/16% elastane and attached to a cardboard hangtag, showing it to be intended for use by both boys and girls, are a pair of long shorts through the elasticized waistband a drawstring is threaded, a short-sleeved, round-necked pullover, and a full-body garment Purple R, which is characterized by long legs, long sleeves, and a zippered opening, which extends upwards from the lower back into the high neckline.

The two other submitted samples, manufactured from woven fabric of man-made fibers, providing 100+SPF protection from ultra-violet rays, are visored caps from the back edges of which a legionnaire-type flap extends downwards.

The applicable subheading for the shorts will be 6104.63.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’shorts (other than swimwear), knitted, shorts, of synthetic fibers, other, other, shorts, girls’, other; for the pullover will be 6110.30.3055, which provides for pulloversand similar articles, knitted, of man-made fibers, other, other, other, other, other, girls’; for the full-body garment will be 6114.30.3054, which provides for other garments, knitted, of man-made fibers, other, coveralls, jumpsuits and similar apparel, girls’, other; and for the hats will be 6505.90.8090, which provides for hats and other headgearmade up fromtextile fabric, in the pieceother. The duty rates will be 28.6 per cent; 32.4 per cent; 15.1 per cent; and 7 per cent + 19.4 cents per kilogram; respectively.

The shorts fall within textile category designation 648, the pullovers within 639, and the jumpsuits and hats within 659. Based upon international textile trade agreements products of Australia are not presently subject to quota nor 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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