CLA-2-61:S:N:N3I:361 853855
TARIFF NOS.: 6110.30.3055; 6104.43.2010; 6405.20.9090;
6111.20.6040; 9503.49.0020
William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, N.Y. 12919
RE: The tariff classification of 3 women's knit garments from
Canada; a toy from Korea; a pair of infants' footwear from
China; and a babies' bib from Hong Kong.
Dear LeClair:
In your letter dated June 21, 1990, on behalf of K.J. Junior
of Montreal, Quebec, Canada, you requested a tariff
classification ruling.
The submitted samples are 3 women's knit garments
manufactured in Canada. Included in the retail price of the
garments are 3 promotion-al items, namely, a toy, a babies' bib
and a pair of infants' booties. The importer states that these
promotional items will not be sold separately but will be
included in the retail price of the garments.
The first submitted sample, style number 2630B, is a woman's
knit pullover manufactured from a 65% polyester/35% cotton
fabric. The fabric is constructed with more than 9 stitches per
2 centimeters measured in the horizontal direction. The pullover
extends to the hip and features 3/4 length raglan sleeves, a
jewel neckline, a sewn on 3 inch waistband and a paper applique
of a mother bear and 2 cubs on the front portion. Attached to
the hanger that holds the pullover is a pair of infants' woven
booties, made of man-made fibers, with a separate sole piece.
The booties are in a clear plastic box and are manufactured in
China.
The second submitted sample, style number 2852-4369, is a
woman's knit pullover manufactured from a 50% polyester/50%
cotton fabric. The fabric is constructed with more than 9
stitches per 2 centimeters measured in the horizontal direction.
The pullover extends to the end of the hip and features short
raglan sleeves, a sewn on 3 inch waist-band, a jewel neckline and
a printed design of cats on the front portion. Attached to the
hanger of the pullover is a babies' bib manufactured from a 100%
cotton fabric. The bib features piping around the edge and a
small version of the pullovers' printed design. The bib is made
in Hong Kong.
You have indicated in your letter that the fabric of style
number 2852-4369 is a blend of 50% cotton/50% polyester.
Garments which are claimed to be constructed from such a blend
are subject, upon importation, to laboratory analysis by the U.S.
Customs Service to verify the actual weight of the component
fibers. Please be advised that a slight variation, from the
above stated fiber content, might affect the classification and
the textile category designation of the subject garment.
The third submitted sample, style number 1234-T, is a
woman's knit dress composed of a 65% polyester/35% cotton fabric.
The dress extends to the knees and features short sleeves,
ribbing around the neckline and a hemmed bottom. Attached to the
hanger that holds the dress is a stuffed toy that squeals when it
is moved. The toy has a string with a suction cup permitting
the toy to adhere to a surface. The toy is manufactured in
Korea.
The samples are being returned as you requested.
The applicable subheading for style numbers 2630B and 2852-
4369 will be 6110.30.3055, Harmonized Tariff Schedule of the
United States (HTS), which provides for women's knit pullovers of
man-made fibers. The rate of duty will be 34.2 percent ad
valorem.
Goods classifiable under subheading 6110.30.3055. HTS, which
have originated in the territory of Canada, will be entitled to a
27.3 percent ad valorem rate of duty under the United States-
Canada Free Trade Agreement (FTA) upon compliance with all
applicable regulations.
The applicable subheading for style number 1234-T will be
6104.43.2010, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's knit dresses of synthetic
fibers, other. The rate of duty will be 17 percent ad valorem.
Goods classifiable under subheading 6104.43.2010, HTS, which
have originated in the territory of Canada, will be entitled to a
13.6 percent ad valorem rate of duty under the United States-
Canada Free Trade Agreement (FTA) upon compliance with all
applicable regulations.
The applicable subheading for the booties described above
will be 6405.20.9090, Harmonized Tariff Schedule of the United
States (HTS), which provides for footwear other than for men or
women, in which the sole's external surface is predominately
other than rubber, plastic, leather or composition leather; in
which the upper's external surface is predominately textile
materials; in which the upper, by weight, predominately consists
of fiber other than vegetable fiber or wool; and which has a line
of demarcation between the sole and the upper. The rate of duty
will be 12.5% ad valorem.
The applicable subheading for the babies' bib will be
6111.20.6040, Harmonized Tariff Schedule of the United States
(HTS), which provides for babies' knit garments and clothing
accessories of cotton, other. The rate of duty will be 8.6
percent ad valorem.
The applicable subheading for the toy will be 9503.49.0020,
Harmonized Tariff Schedule of the United States (HTS), which
provides for toys representing animals or non-human creatures,
other than stuffed, not having a spring mechanism, other than of
metal. The rate of duty will be 6.8 percent ad valorem.
Style numbers 2630B and 2852-4369 fall within textile
category designation 639. Based upon international textile trade
agreements, products of Canada are not subject to visa
requirements or quota restraints.
Style number 1234-T falls within textile category
designation 636. Based upon international textile trade
agreements, products of Canada are not subject to visa
requirements or quota restraints.
The babies' bib falls within textile category designation
239. Based upon international textile trade agreements, products
of Hong Kong are subject to visa requirements.
There are no visa or quota requirements for the toy or for
the pair of infants' booties classified in this ruling letter.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
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 Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport