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NY I83229




July 16, 2002

CLA-2-61:RR:NC:TA:358 I83229

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0025; 6108.92.0040

Stella Chow
Karasia Imports, Inc.
532 N. Gerona Avenue
San Gabriel, CA 91775

RE: The tariff classification of girls’ nightwear from China

Dear Ms. Chow:

In your letter dated June 21, 2002, writtem on behalf of Pleasant Company, you requested a classification ruling.

Submitted style “Bitty Baby Nightie”, manufactured from heavy-weight, knitted fabric of 100% polyester, is a very loose-fitting, full-length, pullover garment, which buttons together below the collar at the center of the back of the neckline. The yoke is embroidered and the lower edges of the long sleeves are elasticized.

Submitted style “Samatha Boomer”, manufactured from light-weight, knitted fabric of 100% polyester, resembles a pair of pantaloons, elasticized around the waistband and around the lower edge of each of the legs.

You state that the two styles will be sold together, although imported separately.

The applicable subheading for the former style will be 6108.32.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for nightdresses, of man-made fibers, girls’, other; and for the latter style will be 6108.92.0040, which provides for pajamasand similar articles, knitted, other, of man-made fibers, other, girls’. The duty rate will be 16.2 per cent ad valorem for either garment .

The gown falls within textile category designation 651 and the legged style within 650. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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.

Nightwear for children in sizes 0-14 is subject to the flammability standards of the Consumer Products Safety Commission, (CPSC). Please contact the CPSC regarding compliance.

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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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