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

Mr. Jeffrey Stone
Renzo Company
P.O. Box 39
Franklin Park, IL 60131

RE: The tariff classification of toddler boy’s garments from the Philippines.

Dear Mr. Stone:

In your letter dated September 30, 2010, you requested a tariff classification ruling. As requested, the sample will be returned to you.

The submitted sample, Style 4699 “Bobby Suit” is a toddler boy’s nautical shirt and shorts set. The shirt is constructed from woven fabric that is 35% cotton, 65% polyester. The shirt features short sleeves, a sailor collar, a sewn on sailor tie, a full frontal opening secured by a left over right three button closure, narrow fabric trim around the collar and sleeves, seven buttons sewn onto the waist that fasten the shirt to the shorts and a hemmed bottom.

The shorts are constructed from woven fabric that is 35% cotton, 65% polyester. The shorts feature seven button holes at the waist that affix to the shirt buttons and hemmed bottoms.

Style 4699 consists of two or more garments. Note 14 of Section XI, of the HTSUSA, requires that these textile garments of different headings be separately classified, thus preventing classification of this style as a set.

The applicable subheading for Style 4699 (shirt) will be 6205.30.2075, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ shirts: of man-made fibers: other, other: other: boys’: imported as parts of play-suits. The rate of duty will be 29.1 cents per kilogram and 25.9 percent ad valorem.

The applicable subheading for Style 4660 (shorts) will be 6203.43.4035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other, shorts: boys’: imported as parts of play-suits. The rate of duty will be 27.9 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/.

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