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NY K83059

February 11, 2004
CLA-2-61:RR:NC:TA:358 K83059


TARIFF NO.: 6108.92.0040

Bruce D. Roberts
1801 NW 82 Avenue
Miami, FL 33126-1013

RE: The tariff classification of girls’ pajama bottoms from Haiti and the Dominican Republic

Dear Mr. Roberts:

In your letter dated February 6, 2004, written on behalf of the Bees and Jam Division of Universal Manufacturing, you requested a classification ruling.

Submitted style 25994, manufactured from light-weight, jersey fabric of 100% polyester, is a wide-legged pair of shorts. A pocket is located on each of the legs, buttons form a fake, fly-opening, and a ribbon is appliqued at the fully elasticized waistband.

The applicable subheading for the garment will be 6108.92.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’pajamasand similar articles, knitted, other, of man-made fibers, other, girls’. The duty rate will be 16 percent ad valorem. Although you suggested classification under 6108.92.0030 HTS, that is not possible since your suggestion applies to women’s wearing apparel.

The garment falls within textile category designation 650. Based upon international textile trade agreements products of Haiti and the Dominican Republic may be subject to quota and 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). 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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