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NY L86849

August 5, 2005

CLA-2-61:RR:NC:TA:358 L86849


TARIFF NO.: 6108.31.0020

Miriam Espinoza
Intradeco Apparel
9500 N.W. 108 Avenue
Miami, FL 33178

RE: The tariff classification of girls’ pajamas from El Salvador

Dear Ms. Espinoza:

In your letter dated May 13, 2005, which was received by U.S. Customs on August 3, 2005, you requested a classification ruling.

You have submitted seven samples of 5YS11141T, differing from each other by virtue of the print design on the finely knitted fabric of 60% cotton/40% polyester. This style is comprised of two pieces. One is a pair of trousers, fully elasticized around the waistband and rib-knitted around the lower legs. The other is a pullover, the neckline of which is slightly scooped, and rib-knitted around the cuffs of the long sleeves.

The seven samples of this style are being returned to you.

Although you suggested classification for this style under HTS 6108.31.0010, that is not possible because the size range of this style is for girls’ wear. Therefore, applicable subheading for this style will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’pajamasknittedof cotton, girls’. The duty rate will be 8.5 percent ad valorem.

The pajamas fall within textile category designation 351. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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.

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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