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NY F86702




May 9, 2000

CLA-2-61:LA:S:T:1:2:G04 F86702

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6020; 6108.31.0020

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive, Suite 600
Miami, FL 33126-2022

RE: The tariff classification of infants’ and toddlers’ knit pajamas from Hong Kong

Dear Mr. Travis:

In your letter dated April 27, 2000, on behalf of your client K.L.W. Limited, you requested a tariff classification ruling.

The submitted sample is a pair of pajamas constructed from 100% cotton finely knit pointelle printed fabric. The pajama top features a rib knit crew neckline, long sleeves with rib knit cuffs, a hemmed bottom, and a straight, snug-fitting body. The pajama bottom features a fully elasticized covered waistband and long, snug-fitting legs with rib knit cuffs at the bottom. The pajama set will be imported in infants’ sizes 0 to 24 months as style 71-025 or 71-026, the difference being the print of the fabric. The pajama set will also be imported in toddlers’ sizes 2T, 3T, and 4T as style 72-025 or 72-026, the difference being the print of the fabric.

Your sample will be returned as requested.

The applicable subheading for the infants’ pajamas, styles 71-025 and 71-026, will be 6111.20.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: other: sets. The rate of duty will be 8.3% ad valorem.

The applicable subheading for the toddlers’ pajamas, styles 72-025 and 72-026, will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ . . . nightdresses, pajamas . . . knitted or crocheted: nightdresses and pajamas: of cotton: girls’. The rate of duty will be 8.7% ad valorem.

The infants’ pajamas fall within textile category designation 239 and the toddlers’ pajamas fall within textile category designation 351. As products of Hong Kong, merchandise in category 351 is subject to a visa requirement and quota restraints based upon international textile trade agreements. Merchandise in category 239 from Hong Kong is not subject to a visa requirement or quota restraints based upon international textile trade agreements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 the ruling 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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