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C87816

May 22, 1998

CLA-2-61:LA:S:T:1:2:G04 C87816

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020

Mr. Jakapun Viwatkurkul

Point Image Inc.

8526 Pico Vista Road

Pico Rivera, CA 90660

RE: The tariff classification of boys' knit pajamas from Thailand

Dear Mr. Viwatkurkul:

In your letter, which was received by U. S. Customs on May 12, 1998, you requested a tariff classification ruling.

The submitted sample, which was not identified with a style number, is a pair of pajamas constructed from 100% cotton, finely knit printed fabric and consists of a shirt and a pair of pants. The shirt features a full front, left over right opening with five snap closures, a rib knit round neckline, 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 garment will be imported in toddlers' sizes 2T to 4T.

Chapter 61, Note 9 states that garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments unless the cut of the garment clearly indicates that it is designed for one or other of the sexes. Based on this note, this pajama set will be classified as a boy's garment.

Your sample will be returned as requested.

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' nightdresses and pajamas, knitted or crocheted: of cotton: boys'. The rate of duty will be 9.3% ad valorem.

The pajamas fall 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,


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