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NY J89520

October 3, 2003

CLA-2-61:RR:NC:TA:358 J89520


TARIFF NO.: 6108.32.0025; 6111.30.5040

Adam Azrak
American Marketing Enterprises
10 West 33 Street
Suite 516
New York, NY 10001

RE: The tariff classification of nightwear for infants’ and girls’ wear from Hong Kong, Macau, China, Taiwan, and Cambodia

Dear Mr. Azrak:

In your letter dated October 1, 2003 you requested a classification ruling.

Submitted style G4B53AA-R, manufactured from finely knitted fabric of light-weight, 100% polyester, is a one-piece garment, fully elasticized around the waist area, ankles, cuffs, and neckline.

When sized for infants the applicable subheading for this style will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of synthetic fibers, other, other, other; and when sized for girls the applicable subheading will be 6108.32.0025, which provides for girls’nightdresses, pajamas, negligeesdressing gowns and similar articles, knitted, nightdresses and pajamas, of man-made fibers, girls’, other. The duty rate will be 16.1 per cent ad valorem in any of the sizes.

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

In infants’ sizes the garment falls within textile category designation 239 and in larger sizes within 651. Based upon international textile trade agreements products of Hong Kong, Macau, China, Taiwan, or Cambodia 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 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.


Robert B. Swierupski

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