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NY I81055

April 22, 2002

CLA-2-61;62:RR:NC:TA:358 I81055


TARIFF NO.: 6111.30.5040; 6211.33.0007

Paul Meyer
NIK And Associates
800 S. Hindry Avenue, Unit A
Inglewood, CA 90301

RE: The tariff classification of outerwear from China

Dear Mr. Meyer:

In your letter, received by U.S. Customs on April 18, 2002, which was written on behalf of JMI International, you requested a classification ruling.

Submitted style 03YA500, is a fleece-lined, one-piece garment, manufactured from a woven outershell of 100% nylon, the inner surface of which has been coated with 600mm PU. Other characteristics of this garment for toddler boys’ wear include a full-front, zippered opening, extending from the neckline to above one of the elasticized ankles, a hood, rib-knitted cuffs of long sleeves, an elasticized waistband, and various pockets.

Submitted styles 03YBB511 for infant boys’ wear and 03YCC509 for infant girls’ wear are one-piece, sleeveless garments, each of which is manufactured from fleece fabric of 100% polyester, is characterized by a partial-front, buttoned opening at the mid-section of the upper front, by a buttoned opening at each of the shoulders, by an elasticized section at the center of the back, by rib-knitted ankles, by an open pocket on each of the fronts, and is ornamented by embroidery and by appliques.

As you have requested, the sample garments are being returned.

The applicable subheading for the sleeveless garments will be 6111.30.5040 Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of synthetic fibers, other, other, other. The duty rate will be 16.2 per cent ad valorem.

The applicable subheading for style 03YA500 will be 6211.33.0007, which provides for other garments; boys’; of man-made fibers; coveralls, jumpsuits and similar apparel; other, insulated for cold weather protection. The duty rate will be 16.2 per cent ad valorem.

Style 03YA500 falls within textile category designation 659, and the sleeveless garments fall within 239. Based upon international textile trade agreements products of China may be 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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