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NY J86782




July 23, 2003

CLA-2-61:RR:NC:TA:358 J86782

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’ sleepwear from China

Dear Ms. Chow:

In your letter dated July 16, 2003, written on behalf of Pleasant Company, you requested a classification ruling.

Submitted style 1046, manufactured from finely knitted fabric of 100% polyester, is comprised of three pieces. One of these pieces is a loosely-fitted pair of trousers, fully elasticized around the waistband. Another of these pieces is a loosely-fitted, short-sleeved, slightly scoop-necked pullover. The third of these pieces, which you state is intended to be worn on top of the pullover, is a loosely-fitted, sleeveless garment, styled similarly to a tank top.

The applicable subheading for the trousers and for either one of the garments for the upper body will be 6108.32.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’pajamasand similar articles, knitted, of man-made fibers, girls’, other. The applicable subheading for the other garment for the upper body will be 6108.92.0040, which provides for girls’pajamasand similar articles, knitted, other, of man-made fibers, other, girls’. The duty rate for the three garments will be 16.1 per cent ad valorem.

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.

The trousers and either one of the garments for the upper body fall within textile category designation 651, and the other garment for the upper body falls within 650. Based upon international textile trade agreements products of China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

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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