CLA-2-61:SF G03 C89351

Judy Piccirillo
Toys "R" Us Traffic Department
461 From Road
Paramus, NJ 07628

RE: The tariff classification of a boys' shirt and tank top from Indonesia

Dear Ms. Piccirillo:

In your letter dated June 18, 1998 you requested a tariff classification ruling.

Style 40-12201B9 consists of two items. One is a jersey knit t-shirt which you indicate is 65% polyester and 35% cotton. The other is a warp knit tank top which you indicate is 100% polyester. The t-shirt has short hemmed sleeves, a rib knit crew neck and a hemmed bottom. The tank top has a scoop neckline in both the front and back, narrow shoulder straps and deep armholes. All edges are hemmed. You have stated that these garments will be imported together with the tank top attached to the top of each t-shirt shoulder seam. This style will be imported in boys' sizes 4 to 7X.

The applicable subheading for the t-shirt will be 6109.90.1009 and the subheading for the tank top will be 6109.90.1025, Harmonized Tariff Schedule of the United States (HTS). Subheading 6109.90.1009 provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of man-made fibers: Men's or boys': T-shirts: Boys'. Subheading 6109.90.1025 provides as above, but for Tank tops and singlets: Boys'. The rate of duty for both items will be 33.2 percent ad valorem.

Both garments fall within textile category designation 638. Based upon international textile trade agreements, products of Indonesia are subject to quota and the requirement of a visa.

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.

Sincerely,

Alice M. Rigdon,
Port Director
San Francisco