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

Ms. Leah D. Cantero
Williams-Sonoma, Inc.
151 Union Street
Ice House One, 7th Floor
San Francisco, CA 94111

RE: The tariff classification of infant’s and toddlers bodysuits from China.

Dear Ms. Cantero:

In your letter dated January 8, 2007, on behalf of Pottery Barn Kids, you requested a classification ruling.

You have submitted two samples. Style PD# SP07 1427 is a toddler boys bodysuit (size 24-36 months) constructed from knit 97% cotton and 3% spandex fabric. The long sleeve bodysuit features a collar, left over right three button placket closure, a three snap crotch closure and self-capping around the leg openings. The exact same bodysuit with the same style number is also imported in infant sizes 0-3months, 3-6 months, 12-18 months and 18-24 months.

Style 9058165 is a toddler girl’s bodysuit (size 24-36 months) constructed from knit 100% cotton pima fabric. The long sleeve bodysuit features a round neckline, a three snap crotch closure and self-capping around the leg openings. The exact same bodysuit will be imported as style number 8490260 in infant sizes 18-24 months.

The applicable subheading for styles PD# SP07 1427 and 9058165 (toddler sizes) 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 body shirts. The duty rate will be 10.8 percent ad valorem.

The applicable subheading for styles PD# SP07 1427 and 8490260 (infant sizes) will be 6111.20.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: other, sunsuits, washsuits and similar apparel. The duty rate will be 8.1 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/.

The toddler sizes of styles PD# SP07 1427 and style 9058165 falls within textile category 359. The infant sizes of styles PD# SP07 1427 and style 8490260 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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