CLA-2-61;62:RR:NC:TA:358 K86241

Joseph Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a dress set for infants’ wear from Hong Kong

Dear Mr. Hoffacker:

In your letter dated May 17, 2004, written on behalf of Hartstrings, Inc., you requested a classification ruling.

Submitted style BH617 is comprised of two pieces. One of these pieces is a lined, sleeveless, empire-waisted dress, manufactured from a full skirt of woven fabric of 100% silk and from a crocheted bodice of 100% cotton. The other of the pieces, manufactured from the same fabric as the bodice is a long-sleeved, bolero jacket that ties together at the front of the neckline.

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

The applicable subheading for the jacket of this style will be 6111.20.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, other, other, imported as parts of sets; and for the sleeveless dress of this style will be 6209.90.5000, HTS, which provides for babies’ garments and clothing accessories, of other textile materials, containing 70 percent or more by weight of silk or silk waste. The duty rates will be 8.1 and free of duty, respectively.

The jacket of this style falls within textile category designation 239, but the dress does not fall within a textile category designation. Based upon international textile trade agreements products of Hong may be 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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