CLA-2-61:RR:NC:TA:358 L84269

Sandy Chan
NIKITA INC
555 8th Ave #402
New York, NY 10018

RE: The tariff classification of boys’ wearing apparel from China

Dear Ms. Chan

In your letter dated April 14, 2005 you requested a classification ruling.

Submitted style 29057, manufactured from fleece fabric of either 80% cotton/20% polyester or of 55% cotton/45% polyester, is comprised of two pieces. One of these pieces is a pair of trousers, fully elasticized around the waistband and vertically zippered at each of the ankles. The other of the pieces is an upperbody garment, characterized by a full-front, zippered opening, a hood, a rib-knitted waistband and cuffs of long sleeves, and a zippered pocket at the lower portion of each of the fronts.

The applicable subheading for the trousers of this style will be 6103.42.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for …boys’…trousers…knitted…of cotton, trousers…boys’, other; and for the upperbody garment of this style will be 6101.20.0020, HTS, which provides for …boys’…anoraks…windbreakers and similar articles, knitted…, other than those of heading 6103, of cotton, boys’. The duty rates will be 16.1 and 15.9 percent ad valorem, respectively.

The trousers fall within textile category designation 347 and the jacket within 334. 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division