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NY N026655




May 1, 2008

CLA-2-61:OT:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.3000; 6110.20.2079

Ms. Karen Wilder
Gymboree Manufacturing, Inc.
500 Howard Street
San Francisco, CA 94105

RE: The tariff classification of girls and infants garments from China.

Dear Ms. Wilder:

In your letter dated April 22, 2008, you requested a tariff classification ruling. As requested, the samples will be returned to you.

You have submitted three samples. Style #JG50225K is an infant’s and girl’s cardigan constructed from 100% cotton French terry knit fabric. The upper body garments feature lined hoods, long sleeves with loose cuffs, a full front opening secured by a four button closure, two patch pockets and a hemmed bottom. The articles are not jackets because they do not offer sufficient protection against the elements.

Style #JL50112 is an infant girl’s cardigan constructed from cotton knit fabric. The lined upper body garment features around neckline, long sleeves with tuned up cuffs, a full front opening secured by two ties and a hemmed bottom. The article is not a jacket because it does not offer sufficient protection against the elements.

The applicable subheading for styles #JG50225K and #JL50112 infant sizes will be 6111.20.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories. Knitted or crocheted: sweaters, pullovers, waistcoats (vests) and similar articles, except those imported as parts of sets. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for style #JG50225K toddler and girl sizes will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, waistcoats (vests) and similar articles, knitted or crocheted: of cotton, other, other: other: women’s or girls’: other. The rate of duty will be 16.5 percent 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/.

Styles # JG50225K girl sizes falls within textile category 639. Styles JG50225K and JL50112 infant sizes fall within textile category 239. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.

Sincerely,

Robert B. Swierupski
Director,

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