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NY K81009

January 6, 2004
CLA-2-61;62:RR:NC:TA:358 K81009


TARIFF NO.: 6108.91.0040; 6108.92.0040; 6208.92.0040

Ron M. del Mundo
Gymboree Manufacturing, Inc.
700 Airport Blvd., Suite 200
Burlingame, CA 94010

RE: The tariff classification of girls’ sleepwear from Macau and Taiwan

Dear Mr. del Mundo:

In your letter dated December 24, 2003 you requested a classification ruling.

Submitted style 255-00349 is a closely-fitted pullover, styled similarly to a tank top, manufactured from finely rib-knitted fabric of 100% cotton; submitted style 255-00380 is a loosely-fitted pair of trousers, fully elasticized around the waistband, manufactured from finely knitted fabric of 100% polyester; and submitted style 255-00364 is a loosely-fitted pair of shorts, fully elasticized around the waistband, manufactured from woven fabric of 100% polyester. You state that each of these three styles will be marketed separately with hangtags and labels to indicate sleepwear characteristics.

As discussed, the sample garments are being retained.

The applicable subheading for the style 255-00349 will be 6108.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’pajamasand similar articles, knitted, other, of cotton, other, girls’; for style 255-00380 will be 6108.92.0040 HTS, which provides for girls’pajamasand similar articles, knitted, other, of man-made fibers, other, girls’; and for style 255-00364 will be 6208.92.0040 HTS, which provides for girls’pajamasand similar articles, other, of man-made fibers, other, girls’. The duty rates will be 8.5, 16, and 16 percent ad valorem, respectively.

Style 255-00349 falls within textile category designation 350, style 255-00380 within 650, and style 255-00364 within 652. Based upon international textile trade agreements these products from Macau and Taiwan are not presently subject to quota nor the requirement of a visa.

Nightwear for children in sizes 0-14 is subject to the flammability stsndards 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 as or sold as underwear or as sleepwear. Please contact the CPSC regarding compliance.

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 Bruce Kirschner at 646-733-3048.


Robert B. Swierupski

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