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NY J82449

February 27, 2003

CLA-2-62:RR:NC:3:353 J82449


TARIFF NO.: 6211.33.0054; 6116.93.9400

Mr. Ron M. del Mundo
Gymboree Corporation
700 Airport Boulevard
Suite 200
Burlingame, CA 94010

RE: The tariff classification of a costume set and gloves from China.

Dear Mr. del Mundo:

This ruling replaces NY J80257, dated February 14, 2003. That ruling contained a clerical error involving a typographical error of the HTS number. The corrected ruling follows.

You have submitted two samples. Style F2-631A/ F2-632/ F2-633A is a boy’s costume set. The costume consists of a woven 100% polyester fabric cowboy vest. The well-made vest (F2-631A) features a full frontal opening with three hook and loop left over right tab closures and a fringed bottom. The set also consists of a 100% polyester cowboy hat (F2-632) and a 100% woven polyester bandana (F2-633A).

Style F2-623A are a pair of girl’s 100% knit polyester gloves. The gloves feature fourchettes and an elasticized ruffled cuff.

Regarding style F2-631A/ F2-632/ F2-633A, GRI 3(b) is applicable for when the goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material component which gives them their essential character.” In this case, the garment (vest) imparts the essential character of the set.

The applicable subheading for style F2-631A/ F2-632/ F2-633A will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear: other garments: other garments, men’s or boys’: of man-made fibers, vests: other. The duty rate will be 16.1 percent ad valorem.

The applicable subheading for style F2-623A will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: with fourchettes. The duty rate will be 18.7 percent ad valorem.

Style F2-631A/ F2-632/ F2-633A falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Even though the hat is included as a constituent part of the set for classification purposes, it still falls within textile category 659, and products originating in China are subject to visa and quota requirements which must still be met.

China is a member of the World Trade Organization (WTO), and the gloves are not subject to quota or the requirements 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 646-733-3053.


Robert B. Swierupski

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