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NY K81658

January 6, 2004
CLA-2-61:RR:NC:TA:358 K81658


TARIFF NO.: 6107.92.0030

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

RE: The tariff classification of boys’ sleepwear from Macau

Dear Mr. del Mundo:

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

Submitted styles 261-00305 and 261-00255, each of which is manufactured from finely knitted fabric of 100% polyester, are round-necked pullovers, sleeveless and short-sleeved, respectively. Submitted styles 261-00289 and 261-00271, each of which is manufactured from finely knitted fabric of 100% polyester, are loosely-fitted shorts, fully elasticized around the waistband. Submitted style 261-00263, manufactured from finely knitted fabric of 100% polyester, is a pair of loosely-fitted trousers, fully elasticized around the waistband. You state that each of these five styles will be marketed separately as “Pajama Mix & Match Separates” with hangtags and labels that indicate sleepwear characteristics.

The samples are being retained by this office for reference purposes.

The applicable subheading for each of the styles will be 6107.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for boys’pajamasand similar articles, knitted, other, of man-made fibers, other, boys’. The duty rate will be 14.9 percent ad valorem.

Each of the styles falls within textile category designation 651. Based upon international textile trade agreements products of Macau are not subject to quota restraints, but to the requirement of a visa.

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 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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