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NY G85437




December 27, 2000

APP-6-2-61-TO:TT MEF G28

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020

Mr. Adam Lander
Associated Merchandising Corporation
500 Seventh Avenue
New York, New York 10018

RE: The Tariff Classification of Boys’ 60% Cotton/40% Polyester Knit Thermal Long John Style Sleepwear Sets from Nicaragua

Dear Mr. Lander:

In your letter dated December 8, 2000, you requested a tariff classification ruling.

The following samples were submitted with your request: Style 55854 Boys’ Thermal Underwear Bottom Style 55859 Boys’ Thermal Underwear Top

Style 55859 is a Boys’ 60% Cotton/40% Polyester Knit Thermal Top. The top features a round neckline; long sleeves; and a straight stitched bottom. The rib knit cuffs, neckline and sleeves are in a contrasting color. Style 55854 is a Boys’ 60% Cotton/40% Polyester Knit Thermal Bottom. The pant features a full elastic waist; a fly; and rib knit at the ankles. You state the top and pant sleepwear set will be packaged and sold together in a polybag. The Boys’ 60% Cotton/40% Polyester Knit Thermal Long John Style Sleepwear Set will be imported in Boys’ size range XS to XL. Both samples will be returned to you as requested.

Children’s sleepwear, sizes 0-14, is subject to the standards and requirements of the Flammable Fabrics Act which is regulated by the Consumer Products Safety Commission (Code of Federal Regulations, Subchapter D, Part 1615, 1616). Failure to meet these requirements will require Customs to prohibit entry into the commerce of the United States. The CPSC has published a notice involving a stay of enforcement of the sleepwear requirements against skin tight or nearly skintight garments currently being used as 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 the Consumer Products Safety Commission standards.

The applicable subheading for the Boys’ Knit Long John Style Sleepwear Set will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightshirts and pajamas: Of cotton: Boys’. The rate of duty is 9.1%.

The Boys’ 60% Cotton/40% Polyester Knit Long John Style Sleepwear Set falls within Textile Category Designation 351.

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 this ruling, please contact Field National Import Specialist Mary Fischbach at (410) 962-4472 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Charles P. Bartoldus
Port Director

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