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NY J86513

July 1, 2003

CLA-2-62:RR:NC:TA:358 J86513


TARIFF NO.: 6209.30.3040; 6210.40.5020

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

RE: The tariff classification of infants’ and boys’ outerwear from Thailand or Vietnam

Dear Mr. del Mundo:

In your letter dated June 24, 2003 you requested a classification ruling.

Submitted style 436-00402 will be manufactured from woven fabric of nylon, which will be coated on its inner surface with polyurethane which obscures the underlying fabric. This unlined, pullover garment is characterized by elasticized cuffs of long sleeves and a fully elasticized waistband, by a partial-front, zippered opening which extends into the high neckline, and by various pockets across the lower front.

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

When sized for infants the applicable subheading for this style will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, of synthetic fibers, other, other, other; and when sized for older boys the applicable subheading will be 6210.40.5020, which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, otherboys’ garments, of man-made fibers, other, windbreakers and similar articles. The duty rates will be 16.1 and 7.2 per cent ad valorem, respectively.

In infants’ sizing this garment falls within textile category designation 239, and in sizing for larger boys it falls within 634. Based upon international textile trade agreements products of Thailand and Vietnam 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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