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NY C86751




April 29, 1998

CLA-2-61:A:G01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.91.0030

Mr. Dennis M. Sargent
American Marketing Enterprises Inc.
10 W. 33rd Street
New York, NY 10001

RE: The tariff classification of boys' garments from Hong Kong

Dear Mr. Sargent:

In your letter dated April 7, 1998 you requested a tariff classification ruling.

The submitted samples, style 31202434 and style 31202435, are boys' sleepwear shorts constructed of 100 percent cotton knit printed jersey material. The styles differ only in the print design. The pull-on sleepwear shorts are have an exposed elastic waistband, a fly below the waist, and short hemmed legs. The garments will be imported in boys' sizes 2 to 4T.

The applicable subheading for the sleepwear bottoms will be, 6107.91.0030 Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' underpants, ...pajamas...and similar articles, knitted or crocheted, other, of cotton, sleepwear. The rate of duty will be 9.1 percent ad valorem.

The sleepwear must meet 16 Code of federal regulations standards (part 16.15) for flammability of children's sleepwear sizes 0 to 6X.

The sleepwear falls within textile category designation 351. Based upon international textile trade agreements, products of 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.

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,

John J. Deegan
Port Director

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