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NY D81858





September 21, 1998

CLA-2-61:LA:S:T:1:2:G04 D81858

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0020

Mr. James I. Salach
Import Manager
Gymboree
700 Airport Boulevard, Suite 200
Burlingame, CA 94010-1912

RE: The tariff classification of a girl's knit pajama set from Thailand

Dear Mr. Salach:

In your letter dated August 25, 1998, you requested a tariff classification ruling.

The submitted sample, style 231-00811, is a girl's pajama set constructed from 100% cotton, finely knit fabric. The upper tank-style garment features a scoop neckline in front and back, one and three-quarter inch straps, picot edging around the neckline and armholes, and overlock stitching at the bottom creating a ruffle effect. The shorts feature an elasticized waistband and overlock stitching at the bottom of each leg opening creating a ruffle effect. Although no size range was indicated in your letter, the submitted sample is a girl's size Medium (3 to 4 years).

Your sample will be returned as requested.

The applicable subheading for the pajama set 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: nightdresses and pajamas: of cotton: girls'. The rate of duty will be 8.8% ad valorem.

The pajama set falls within textile category designation 351. As a product of Thailand, 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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