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NY K84685

April 14, 2004
CLA-2-62:RR:NC:3:353 K84685


TARIFF NO.: 6209.30.3020, 6211.43.0060, 6204.63.3530

Ms. Rachel Kassin
A.J. Kids
1754 E. 9th St.
Brooklyn, N.Y. 11223

RE: The tariff classification of an infant and toddler costume from China.

Dear Mr. Kassin:

In your letter dated April 1, 2004 you requested a classification ruling.

The submitted sample is a unisex infant scrub suit costume made of woven 50/% cotton/50% polyester fabric. The long pants have an elasticized waistband and the blouse has a V neckline and a pocket below the waist. The costume will be imported in size 12 months. You also state that the costume will also be imported in up to sizing for a 10 year old.

Due to the fact that the costume is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The costume will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The costume may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for the infant scrub costume, style 80409256 will be 6209.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of synthetic fibers, other, sets. The duty rate will be 16 per cent ad valorem. There are no quota restraints or visa requirements at this time.

The applicable subheading for the top style 80409256, 2T to 10 years, will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls: of man-made fibers: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 16 percent ad valorem. The textile category designation is 641.

The applicable subheading for the bottoms, style 80409256 and 2T to 10 years, will be 6204.63.3530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ suits, . . . Trousers: . . . Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Trousers and breeches: girls’: Other. The duty rate will be 28.6 percent ad valorem. The textile category designation is 648.

Based upon international textile trade agreements products of China in textile categories 641 and 648 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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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