CLA-2-62:RR:NC:TA:358 I82144

Angela Masco
Customs Compliance Department
Nordstrom, Inc.
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-0870

RE: The tariff classification of boys’ wear from Sri Lanka

Dear Ms. Masco:

This is a replacement ruling for NY I82321, dated May 29, 2002. That ruling pertained to the submitted sample, a size Medium 5/6 of Style BY47944. According to your letter, dated June 3, 2002, Style BY47944 will be imported in infants’ sizes 9 to 24 months, toddler sizes 2-4T, little boys’ sizes 4-7 and big boys’ sizes 8-20. The scope of this ruling is limited to size infants’ through little boys’. Style BY47944, is comprised of two garments, each of which is manufactured from an outershell of woven fabric of 100% nylon, lined by jersey fabric of 100% cotton.

One of these garments is a loose-fitting pair of trousers, elasticized around the waistband. The other of these garments is a jacket, characterized by a full-front, zippered opening, by a hood, by partially elasticized cuffs of long sleeves, by a zippered pocket at the lower portion of each of the fronts, by a grommet at each of the underarms, and styled by a horizontal pleat across the center of the back of the garment

As requested, the sample style was returned.

The applicable subheading in toddler sizes 2-4T, and little boys’ sizes 4-7, for the jacket will be 6201.93.3521, Harmonized Tariff Schedule of the United States (HTS), which provides for …boys’…anoraks…windbreakers and similar articles, other than those of heading 6203, of man-made fibers, other, other, boys’; and for the trousers will be 6203.43.4020, which provides for …boys’…trousers, of synthetic fibers, other, other, trousers, boys’, other. The duty rates will be 28.1 and 28.3 percent ad valorem, respectively.

The applicable subheading in infants’ sizes 9 to 24 months for the jacket and trousers will be 6209.30.3020, (HTS), which provides for babies’ garments and clothing accessories, of synthetic fibers, other, sets. The duty rate will be 16.2 percent ad valorem.

In toddler sizes 2-4T, and little boys’ sizes 4-7, the jacket falls within textile category designation 634 and the trousers within 647. Based upon international textile trade agreements these products of Sri Lanka are subject to quota and the requirement of a visa.

In infants’ sizes 9 to 24 months, the jacket and trousers falls within textile category designation 239. Based upon international textile trade agreements these products of Sri Lanka are not currently 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 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division