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NY L83645

April 1, 2005

CLA-2-61:RR:NC:TA:358 L83645


TARIFF NO.: 6113.00.9086

Barbara J. Riley
Kmart Management Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a unisex wet suit for children’s wear from Taiwan

Dear Ms. Riley:

In your letter dated March 23, 2005 you requested a classification ruling.

Submitted style DW9027 is a short-sleeved, short-legged, close-fitting, one-piece garment. A vertical zipper extends up the back into the high neckline that fastens together by means of fasteners similar to the VELCRO brand. The raglan sleeves and a portion of the sort legs are manufactured from knitted fabric of man-made fibers, and the remainder from neoprene that is laminated on its outer and inner surfaces to knitted fabric of nylon.

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

The applicable subheading for this style will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knittedfabrics of heading 5903, 5906 or 5907; other; other; other; girls’. The duty rate will be 7.1 percent ad valorem.

The garment falls within textile category designation 659. 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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