CLA-2-61;62:RR:NC:TA:358 G82791

Evelyn Milling
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a diaper set and booties for newborn infants’ wear from Thailand

Dear Ms. Milling:

In your letter dated September 29, 2000 you requested a classification ruling.

Submitted style 1112 consists of a pair of booties, a diaper cover, and a dress. The booties, which are a pair of anklets, and the diaper cover, which resembles shorts, elasticized around the waist and leg edges, are manufactured from jersey fabric of 100% cotton.

The essential component of the short-sleeved, round-necked dress, which buttons together at the upper back, is the layer of woven lace of 100% polyester, which completely overlays the jersey fabric of 100% cotton that forms the body of the garment.

The applicable subheading for the botties and diaper cover will be 6111.20.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted, of cotton, other, other, other, imported as parts of sets; and for the dress will be babies’ garments and clothing accessories, of synthetic fibers, other, other, imported as parts of sets. The duty rates will be 8.3 and 16.4 per cent ad valorem, respectively.

The three garments fall within textile category designation 239. Based upon international textile trade agreements products of Thailand 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division