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NY C86839





May 7, 1998

CLA-2-61:LA:S:T:1:2:G04 C86839

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020; 6108.31.0020

Mr. Paul McCormack
St. Eve Int'l. Inc.
180 Madison Avenue
New York, NY 10016

RE: The tariff classification of boys' and girls' knit pajamas from Hong Kong or Bangladesh

Dear Mr. McCormack:

In your letter dated April 6, 1998, you requested a tariff classification ruling.

The submitted samples are boys' and girls' pajamas constructed from 100% cotton, finely knit printed fabric. Although no size range was indicated in your letter, all samples submitted are size 6.

Style 938 is a pair of boys' pajamas consisting of a pullover and a pair of shorts. The pullover features a round neckline with knit capping, short sleeves with knit capping, and a straight hemmed bottom. The pants feature an elasticized waistband and short legs with knit capping.

Style 1928 is a pair of boys' pajamas consisting of a pullover and a pair of pants. The pullover features a round neckline with knit capping, long sleeves with rib knit cuffs, and a straight hemmed bottom. The pants feature an elasticized waistband and long legs with rib knit cuffs.

Style 978 is a pair of girls' pajamas consisting of a pullover and a pair of shorts. The pullover features a round neckline with knit capping and a satin bow, short sleeves with knit capping, and a straight hemmed bottom. The pants feature an elasticized waistband and short legs with knit capping.

Style 98603 is a pair of girls' pajamas consisting of a pullover and a pair of pants. The pullover features a round neckline with knit capping and a satin bow, long sleeves with rib knit cuffs, and a straight hemmed bottom. The pants feature an elasticized waistband and long legs with rib knit cuffs.

The applicable subheading for the boys' pajamas, styles 938 and 1928, will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' nightdresses and pajamas, knitted or crocheted: of cotton: boys'. The rate of duty will be 9.3% ad valorem.

The applicable subheading for the girls' pajamas, styles 978 and 98603, will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' nightdresses and pajamas, knitted or crocheted: of cotton: girls'. The rate of duty will be 8.8% ad valorem.

The pajamas for the boys and girls fall within textile category designation 351. As products of Hong Kong or Bangladesh, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

The designated textile and apparel category 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, sizes 0 to 14, are subject to the Consumer Product Safety Commission (CPSC) standards governing the flammability of children's sleepwear. Please contact the CPSC to determine the status of this merchandise for compliance purposes. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of CPSC standards.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Irene Jankov

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