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NY B83600




April 14, 1997

CLA-2-61:SF G03 B83600

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020

John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, NY 10022-3219

RE: The tariff classification of boys' pajamas from China and Hong Kong

Dear Mr. Pellegrini:

In your letter dated March 27, 1997 you requested a tariff classification ruling on behalf of your client, Briefly Stated, Inc.

Style BCS-BSS128A is a pair of pajamas made from a fine knit fabric which you state is 100% cotton. The pajama top is a round neck, short sleeve pullover with a ribbed knit neckband, and hemmed sleeves and bottom. The pajama bottom is a pair of pull-on shorts with an elasticized waistband and hemmed legs. The top and bottom are color coordinated. You indicate that these pajamas will be imported in boys' sizes 4 to 14.

The applicable subheading for the pajamas will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightshirts and pajamas: Of cotton: Boys'. The rate of duty will be 9.3 percent ad valorem.

These pajamas fall within textile category designation 351. Based upon international textile trade agreements, products of China and Hong Kong are subject to quota and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Children's pajamas and sleepwear are subject to the Consumer Products Safety Commission (CPSC) Flammability Standard for Children's Sleepwear Sizes 0-6X and Sizes 7-14. The CPSC has published a notice of a Stay of Enforcement of sleepwear requirements for skin-tight and nearly skin-tight garments currently used as sleepwear and sold as underwear. It is recommended that you consult with the CPSC to verify that this merchandise falls within the purview of that notice.

In accordance with your request your sample will be returned to you under separate cover.

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.

Sincerely,

Alice M. Rigdon
Port Director

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