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NY F88973




July 18, 2000

CLA-2-61:LA:S:T:1:2:G04 F88973

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6020; 6107.21.0020

Mr. Kevin Maher
C-Air Customhouse Brokers
153-66 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of boys’ knit pajamas from Bangladesh

Dear Mr. Maher:

In your letter dated June 26, 2000, on behalf of American Basics, you requested a tariff classification ruling.

The submitted sample, style T10007, is a boy’s pajama set constructed from 100% cotton finely knit printed fabric. The pajama top features a rib knit crew neckline, long sleeves with rib knit cuffs, over-lock stitching at the 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 garment will be imported in infant boys’ sizes 12 months and 18 months and toddler boys’ sizes 2T, 3T, 4T, and 5T.

Your sample will be returned as requested.

The applicable subheading for the pajamas in infant boys’ sizes 12 months and 18 months 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 pajamas in toddler boys’ sizes 2T to 5T 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 infant boys’ pajamas fall within textile category designation 239 and the toddler boys’ pajamas fall within textile category designation 351. As a product of Bangladesh, the toddler boys’ pajamas in category designation 351 are subject to a visa requirement and quota restraints based upon international textile trade agreements. The infant boys’ pajamas in category designation 239 are not subject to a visa requirement or quota restraints.

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,

Lawrence J. Rosenzweig

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