CLA-2-62:OT:RR:E:NC:3:358

Mr. Michael S. McCullough
Vandegrift Forwarding Co. Inc.
9317 Cheshire Street
Sunbury, OH 43074

RE: The tariff classification of a babies’ garment from China.

Dear Mr. McCullough:

In your letter dated October 29, 2008, on behalf of International Intimates Inc., you requested a classification ruling.

Style S94US300L is a 100% cotton woven infant girl’s “bubble”. The cap sleeve, abbreviated garment features a round neck with four front button closures, a four snap crotch opening and elasticized fabric at the leg openings. The item will be imported in newborn, 3 and 6 month sizes.

The applicable subheading for style S94US300Lwill be 6209.20.5030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories: of cotton: other: other, sunsuits, washsuits and similar apparel. The duty rate will be 9.3 percent ad valorem.

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/.

Style S94US300L falls within textile category 239. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Bruce Kirschner at (646) 733-3048.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division