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NY J85013

May 29, 2003

CLA-2-61:RR:NC:TA:358 J85013


TARIFF NO.: 6111.30.5040; 6113.00.1010

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

RE: The tariff classification of rainwear for infant and toddler girls from China

Dear Mr. delMundo:

In your letter dated May 19, 2003 you requested a classification ruling.

Submitted sku#1547-00181, a loose-fitting, full-length garment, characterized by a hood, by long sleeves, and by a full-front, buttoned opening, is manufactured from an outershell of polyurethane and a jersey lining of 100% polyester.

As you have requested, the sample garment is being returned.

In sizing for infants, the applicable subheading for this garment 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; and in sizing for toddler girls will be 6113.00.1010, 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 jackets; girls. The duty rates will be 16.1 and 4.2 per cent ad valorem, respectively.

In infants’ sizes only this garment 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.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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