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NY M87329

November 2, 2006

CLA-2-61:RR:NC:WA:358 NY M87329


TARIFF NO.: 6111.30.5010; 6114.30.3030

Mr. Lyle Binnie
Sun Emporium
12 Hermitage Close
Gold Coast, QLD., 4214

RE: The tariff classification of a child’s athletic suit from South Africa.

Dear Mr. Binnie:

In your letter dated October 27, 2006, you requested a classification ruling for a one-piece, sun protection style athletic suit. The submitted sample will be retained for reference purposes.

The submitted garment, no style number, is an abbreviated one-piece playsuit. It has a front zipper opening extending from the stand-up collar to the mid chest area. The one-piece article has short sleeve shirt coverage above the waist and shorts coverage below the waist. The item is made of tricot knit fabric that is 80% nylon, 20% spandex. The article is a multipurpose garment suitable for warm weather use during recreational activities. It is not specifically designed as swimwear. The article will be sized for babies’ 12 to 24 months and children 2-6.

The applicable subheading for the athletic suit, sizes 12 to 24 months will be 6111.30.5010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of synthetic fibers, other, sunsuits, washsuits and similar apparel. The duty rate will be 16% ad valorem.

The applicable subheading for the athletic suit, sizes 2-6 will be 6114.30.3030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted, of man-made fibers, other, sunsuits, washsuits, one-piece playsuits and similar apparel, women’s or girls’. The duty rate will be 14.9% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The child’s one-piece athletic suit, sizes 12-24 months, falls within textile category designation 239. The child’s one-piece athletic suit, sizes 2-6, falls within textile category designation 237. 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 Bruce Kirschner at 646-733-3048.


Robert B. Swierupski

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