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NY F87984




June 29, 2000

CLA-2-61:LA:S:T:1:2:G04 F87984

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020; 6107.91.0030; 6108.31.0020; 6108.91.0040

Ms. Tracy Robbins
Moksha Worldwide, Inc.
361 Park Avenue
Glencoe, IL 60022

RE: The tariff classification of boys’ and girls’ three-piece pajama sets from Cambodia

Dear Ms. Robbins:

In your letter dated June 2, 2000, you requested a tariff classification ruling.

The first sample is a boy’s three-piece pajama set constructed from 100% cotton finely knit printed fabric. The three pieces consists of a pullover top, short bottoms, and long bottoms. The pullover top features a rib knit crew neckline, short hemmed sleeves, a hemmed bottom, and a straight, snug-fitting body. The short pajama bottom features a fully elasticized covered waistband and short, snug-fitting, hemmed legs. The long 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 as style 8725 for toddler boys’ sizes 2T, 3T, and 4T, and as style 8726 for boys’ sizes 4-5, 6-7, and 8.

The second sample is a girl’s three-piece pajama set constructed from 100% cotton finely knit printed fabric. The three pieces consists of a pullover top, short bottoms, and long bottoms. The pullover top features a rib knit crew neckline, short hemmed sleeves, a hemmed bottom, and a straight, snug-fitting body. The short pajama bottom features a fully elasticized covered waistband and short, snug-fitting, hemmed legs. The long 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 as style 7722 for toddler girls’ sizes 2T, 3T, and 4T, and as style 7723 for girls’ sizes 4-5, 6-7, and 8.

For classification purposes, the pullover and one pajama bottom for each style will be classified as pajamas and the extra pajama bottom for each style will be classified as sleepwear separates.

The applicable subheading for the boys’ pajamas, consisting of the pullover and one pajama bottom, will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ . . . nightshirts, pajamas . . . knitted or crocheted: nightshirts and pajamas: of cotton: boys’. The rate of duty will be 9.1% ad valorem.

The applicable subheading for the boys’ extra pajama bottom will be 6107.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ . . . nightshirts, pajamas . . . and similar articles, knitted or crocheted: other: of cotton: sleepwear. The rate of duty will be 8.9% ad valorem.

The applicable subheading for the girls’ pajamas, consisting of the pullover and one pajama bottom, 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 applicable subheading for the girls’ extra pajama bottom will be 6108.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ . . . nightdresses, pajamas . . . and similar articles, knitted or crocheted: other: of cotton: other: girls’. The rate of duty will be 8.7% ad valorem.

The boys’ pajamas (the pullover and one pajama bottom) fall within textile category designation 351 and the extra boy’s pajama bottom falls within textile category designation 351. The girls’ pajamas (the pullover and one pajama bottom) fall within textile category designation 351 and the extra girl’s pajama bottom falls within textile category designation 350. As products of Cambodia, this merchandise is subject to visa requirements 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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