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NY L81616

January 5, 2005

CLA-2-61:RR:NC:TA:358 L81616


TARIFF NO.: 6102.30.2020; 6104.63.2028

Donald S. Simpson
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a sweat suit for girls’ wear from China

Dear Mr. Simpson:

In your letter dated December 17, 2004, written on behalf of Stabenfeldt Inc., you requested a classification ruling.

Submitted style 61-050304 is comprised of two knitted pieces, each of which is a thinly lined garment of mesh fabric, manufactured from an outershell of 100% polyester. One of the garments is a loosely fitted pair of trousers through the elasticized waistband of which an adjustable drawstring is threaded. The other garment is an upperbody garment, characterized by a full-front, zippered opening that extends into the high collar, by a rib-knitted waistband and rib-knitted cuffs of long sleeves.

The applicable subheading for the trousers will be 6104.63.2028, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’trousersof synthetic fibers, other, other, trousers, girls’, other, other; and for the upperbody garment will be 6102.30.2020, HTS, which provides for girls’windbreakers and similar articles, knitted, other than those of heading 6104, of man-made fibers, other, other, girls’. For both garments the duty rate will be 28.2 percent ad valorem.

The pants falls within textile category designation 648 and the jacket within 635. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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