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NY I87683

November 13, 2002

CLA-2-61:RR:NC:TA:358 I87683


TARIFF NO.: 6107.21.0020

Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of sleepwear for toddler boys from Hong Kong

Dear Mr. Maher:

In your letter dated November 6, 2002, written on behalf of Overseas Direct Importing Company, you requested a classification ruling.

Submitted style 6666 is a pair of pajamas, manufactured from finely knitted fabric of 60% cotton/40% polyester, which is packaged together in a sealed polybag. One of the garments of the pair is a pullover, rib-knitted around the neckline and around the wrists of the long sleeves. The bottom garment is elasticized around the waistband and rib-knitted around the ankles.

As you have requested, the sample style is being returned.

The applicable subheading for the sleepwear will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for boys’pajamasknitted, of cotton, boys’. The duty rate will be 9 per cent ad valorem.

The pair of pajamas falls within textile category designation 351. Based upon international textile trade agreements products of Hong Kong may be 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). Furthermore, the CPSC has published a notice of a Stay of Enforcement of sleepwear requirements for skin-tight and nearly skin-tight garments used or sold as underwear or as sleepwear. 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.


Robert B. Swierupski

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