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August 6, 1999

CLA-2-61:RR:NC:TA:N3:356 E84319

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of boys= knit pajamas from China. Dear Ms. Wierbicki:

In your letter dated July 7, 1999, you requested a tariff classification ruling on behalf of Intimo, Incorporated. As requested, your sample will be returned.

Style 50B001.V3 is a pair of boys’ pajamas (in sizes 8-20) that are constructed from 100 percent cotton, finely knit interlock fabric. The top features a rib knit crew neckline; long sleeves with rib knit cuffs; and a straight, hemmed bottom. The bottom features a fabric covered, tunnel elastic waistband and rib knit cuffs at the ankles.

You have described the garments as “knit ski pajamas” and have stated that they will be packaged, priced, and sold as a set and will be sold in sleepwear departments.

The applicable subheading for Style 50B001.V3 will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for men=s or boys= ... nightshirts and pajamas ... knitted or crocheted: nightshirts and pajamas: of cotton: boys=. The duty rate will be 9.2 percent ad valorem.

Style 50B001.V3 falls within textile category designation 351. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

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. Since 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 this ruling letter or the control number indicated above should be provided with the entry docu?ments filed at the time this merchandise is imported.

If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

Sincerely,

Robert B. Swierupski
Director National Commodity

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