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January 26, 1999

CLA-2-61:SF:G03 D86503

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020

Jill Burns
MSAS Customs Logistics Inc.
10205 N.W. 19th Street, Suite 101
Miami, FL 33172

RE: The tariff classification of children’s pajamas from China, India and Thailand

Dear Ms. Burns:

In your letter dated December 30, 1998 you requested a tariff classification ruling on behalf of your client, K. C. of North America, Inc.

Style K214-287 is a pair of pajamas made from a fine knit fabric which you state is 100% cotton. The pajama top has long sleeves with applied cuffs, a rounded collar, and a full front left over right opening which is secured by five plastic buttons. There is a patch pocket on the lower portion of each front panel. The pajama bottom is a pull-on with an elasticized waistband, and long legs with applied cuffs. In a telephone conversation you verified that this style will be imported in sizes 2T to 16.

The applicable subheading for these 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 9.2 percent ad valorem. This is in accordance with Chapter 61 Note 9 which reads in part, “Garments of this chapter designed for left over right closure at the front shall be regarded as men’s or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments.”

These pajamas fall within textile category designation 351. Based upon international textile trade agreements, products of China, India and Thailand 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.

In accordance with your request your samples 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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