CLA-2-61:RR:NC:3:TA:358 C86919

Mr. John H. Qualey
Rogers & Brown Custom Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of girls' shorts, pullovers and romper from El Salvador.

Dear Mr. Qualey:

In your letter dated April 14, 1998, on behalf of Franco Manufacturing Company, Inc., you requested a classification ruling.

Your submitted samples, styles APBE28 and APBE32, are girls' short sets. For tariff classification purposes the shorts and tops are classified separately. The bottom for style APBE28 is a girls' 70% cotton and 30% polyester knit terry bike short. The garment features an enclosed elasticized waist band and hemmed leg openings. The bottoms for style APBE32 is a girls' 70% cotton and 30% polyester knit terry short. The garment features an enclosed elasticized waist band and hemmed leg openings.

The top for style APBE28 is a girls' 70% cotton and 30% polyester knit terry "princess style" pullover. The garment is sleeveless with self piping around the neckline and the armholes. The garment also features front 3 inch long vertical vents and two bows at the top of each vent and a hemmed bottom. The top for style APBE32 is a girls' 70% cotton and 30% polyester terry knit pullover. The garment features a scooped neckline, short sleeves and a hemmed front tied bottom.

The submitted sample style APBE26 is a girls' 70% cotton and 30% polyester knit terry pullover. The garment features long sleeves, a hood, a front patch pocket with an opening on each side and a hemmed bottom with side vents.

The submitted sample style APBE30 is a girls' 70% cotton and 30% polyester knit terry romper. The garment is sleeveless with self piping on the neck and armholes. It also features a leg separation, a zipper front opening and hemmed short bottoms. You state all samples will be sold and marketed as beachwear cover-ups. All styles will be imported in solid colors and prints. The size range will be 2-4T and 4-6X.

The applicable subheading for the shorts styles APBE28 and APBE32, will be 6104.63.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches, and shorts: of cotton: other, shorts: girls'. The duty rate will be 16 percent ad valorem. The applicable subheading for the pullovers style APBE26, APBE28 and APBE32 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats, (vests) and similar articles, knitted or crocheted: of cotton: other, other: other: women's or girls'. The duty rate will be 19 percent ad valorem. The applicable subheading for the romper style APBE30, will be 6114.20.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of cotton: sunsuits, washsuits, one-piece playsuits and similar apparel: women's or girls'. The duty rate will be 11.2 percent ad valorem.

The shorts fall within textile category designation 348. The pullovers fall within textile category designation 339. The romper fall within textile category designation 237. Based upon international textile trade agreements products of El Salvador are currently not subject to visa requirements and quota restraints.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 212-466-5865.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division