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NY G80592

September 5, 2000

CLA-2-61:LA:S:T:1:2:G04 G80592


TARIFF NO.: 6108.31.0020

Ms. Tina M. Beegle
Charles M. Schayer & Co.
15210 32nd Avenue South, Suite D
Seattle, WA 98188

RE: The tariff classification of children’s knit pajamas from Canada

Dear Ms. Beegle:

In your letter dated August 4, 2000, and received by U. S. Customs on August 15, 2000, on behalf of Cabela’s Inc., you requested a tariff classification ruling.

The submitted sample, item number 911096, is a pair of pajamas constructed from 100% cotton finely knit printed fabric. The pajama top features a rib knit crew neckline, long sleeves with rib knit cuffs, a hemmed bottom, and a straight, snug-fitting body. The pajama bottom features a fully elasticized covered waistband and long, snug-fitting legs with rib knit cuffs at the bottom. The pajama set will be imported in children’s sizes small to extra-large.

Your sample will be returned as requested.

The applicable subheading for the children’s pajamas will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ . . . nightdresses, pajamas . . . knitted or crocheted: nightdresses and pajamas: of cotton: girls’. The general rate of duty will be 8.7% ad valorem.

Textile merchandise which does not qualify as “originating” under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Canada and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. Item number 911096 falls within textile category designation 351. Based upon international textile trade agreements, products of Canada are subject to quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment.

Children's pajamas, sizes 0 to 14, are subject to the Consumer Product Safety Commission (CPSC) standards governing the flammability of children's sleepwear. Please contact the CPSC to determine the status of this merchandise for compliance purposes. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of CPSC standards.

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.


Steve A. Pavich

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