CLA-2-62:A:G01

Mr. John T. Hyatt
The Irwin Brown Co.
212 Chartres St.
P.O. Box 2426
New Orleans, LA 70176-2426

RE: The tariff classification of infants' and children's garments from Colombia

Dear Mr. Hyatt:

In your letter dated May 1, 1997 you requested a tariff classification ruling on behalf of Lynley Designs, Inc.

Four samples, styles 4150, 4153, 4151, and 4152, were submitted. Styles 4150, 4153, 4151, and the overalls of 4152 are manufactured of the same 65 percent polyester 35 percent cotton woven material. Style 4150, an infant's one piece garment, has a Puritan collar, short hemmed sleeves, a snap crotch, and elasticized leg openings. Style 4150 will be imported in infants' sizes 3 to 24 months.

Style 4153, an infant's dress, has a Peter Pan collar, short banded puffed sleeves, a partial back opening with zipper closure, and a hemmed bottom. Style 4153 will be imported in infants' sizes 3 to 24 months.

Style 4151, is a two piece set consisting of a blouse and pants. The blouse has a Pilgrim collar, a full back opening secured with four button closure, short hemmed sleeves, and a hemmed bottom. The knicker style pants have a back elasticized waist, shoulder straps sewn to the back waist which button to the front waist, a snapped crotch, and banded leg bottoms. Style 4151 will be imported in infants' sizes 12 to 24 months and toddler's sizes 2 to 4T.

Style 4152, is a toddler set composed of a shirt and a pair of overalls. The finely knit shirt is made of 50 percent cotton 50 percent polyester material, has more than 10 stitches per linear centimeter in each direction counted on an area measuring at least 10 centimeters by 10 centimeters, a collar, a partial front neck opening with two button closure, short banded sleeves, and a hemmed bottom. The overalls have a high rise front and back bib, shoulder straps sewn to the back bib which button to the front bib, a front pocket on each side below the waist, a snap crotch, and short hemmed legs. Style 4152 will be imported in toddler's sizes 2 to 4T.

The applicable subheading for style 4150 will be, 6209.30.3010 Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, of synthetic fibers, sunsuits, washsuits, and similar apparel. The rate of duty will be 16.7 percent ad valorem.

The applicable subheading for style 4153 will be, 6209.30.3040 Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, of synthetic fibers, other, other, other. The rate of duty will be 16.7 percent ad valorem.

The applicable subheading for style 4151 in infants' sizes will be, 6209.30.3020 Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, of synthetic fibers, sets. The rate of duty will be 16.7 percent ad valorem. The applicable subheading for style 4151, the shirt, in toddler's sizes, will be, 6206.40.3050 Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses of man-made fibers, other, other, with 2 or more colors in the warp and/or the filling , girls', other. The applicable subheading for style 4151, the pants, in toddler's sizes will be, 6204.63.3540 Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ...breeches and shorts, of synthetic fibers, other, other, other, other, other, shorts, girls', other. The rate of duty will be 29.9 percent ad valorem. The applicable subheading for style 4152, the shirt, will be, 6105.20.2030 Harmonized Tariff Schedule of the United States (HTS), which provides for men' or boy' shirts, knitted or crocheted, of man-made fibers, boys' other. The rate of duty will be 33.8 percent ad valorem. The applicable subheading for style 4152, the overalls, will be, 6203.43.2050 Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' suits...bib and brace overalls... trouser, bib and brace overalls, breeches and shorts, of synthetic fibers, other, bib and brace overalls, other, other, boys' sizes 2-7, other. The rate of duty will be 16.4 percent ad valorem.

As requested, your samples will be returned.

Style 4150, 4153, and 4151 in infants' sizes fall within textile category designation 239. Style 4151, the blouse, in toddler's sizes falls within textile category designation 641. Style 4151, the pants, in toddler's sizes fall within textile category designation 648. Style 4152, the shirt, falls within textile category designation 639. Style 4152, the overalls, fall within textile category designation 237. Based upon international textile trade agreements, products of Colombia are subject to the requirement of a visa. The textile categories applicable to the submitted samples are not currently subject to 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.

Sincerely,

John J. Deegan
Port Director
Atlanta, GA