CLA-2-61:OT:RR:NC:N3:353

Melissa Stanczak
Ballet Makers, Inc. 1 Campus Rd. Totowa, New Jersey 07512

RE: The tariff classification of a child’s dance leotard from China.

Dear Stanczak:

In your letter dated June 24, 2008, you requested a classification ruling. The sample will be returned to you.

The submitted sample, Style N9814C is a child’s dance leotard made of knit 90% cotton/10% spandex fabric with an attached skirt made of knit 100% nylon fabric. The one-piece garment has very thin straps, a straight neckline and an attached multi layer skirt with a bow on the back.              The Explanatory Note to heading 61.14 states that "The heading includes, inter alia: (5) Special articles of apparel used for certain sports or for dancing or gymnastics (e.g., fencing clothing, jockeys’ silks, ballet skirts, leotards)."            The applicable subheading for Style N9814C will be 6114.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, knitted or crocheted: Of cotton, Bodysuits and bodyshirts. The duty rate will be 10.8% ad valorem. The textile category designation is 359. 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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division