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NY G80680




September 5, 2000

CLA-2-61: G03 G80680

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020; 6107.91.0030; 6108.31.0020; 6108.91.0040; 6111.20.6030

Cheryl Lynn Hoeft
Heyman Corporation
375 N. Fairway Drive
Vernon Hills, IL 60061

RE: The tariff classification of babies’ and children’s three-piece pajama sets from China and Hong Kong

Dear Ms. Hoeft:

In your letter dated August 16, 2000 you requested a tariff classification ruling.

The submitted sample consists of three garments made from a fine rib knit fabric that is marked 100% cotton. The first garment is a short sleeve, round neck close fitting pullover top. The sleeves and bottom are hemmed and the neck is finished with a band of capping. The second garment is a pair of close fitting pull-on pants with a covered elastic waistband and rib knit cuffs at the ankles. The third garment is a pair of close fitting pull-on shorts with a covered elastic waistband and short hemmed legs.

You have furnished additional information that indicates that these three garments will be imported in different sizes and prints. Styles 88000, 17631 and 17632 will imported in 6/12/18/24 months sizes. Styles 88015, 17686 and 17685 will be imported in sizes 2T, 3T, 4T and 5T. Styles 88015 and 17685 appear to be for girls, while style 17686 is for boys.

The applicable subheading for all three pieces in styles 88000, 17631 and 17632 (the styles in months’ sizes) will be 6111.20.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies’ garments and clothing accessories, knitted or crocheted: Of cotton: Other: Other: Other: Imported as parts of sets. The rate of duty will be 8.3 percent ad valorem.

For classification purposes, the pullover top and one bottom garment for each style in the children’s sizes will be classified as pajamas and the extra bottom garment will be classified a sleepwear separate. The applicable subheading for the top and one bottom garment in style 17686 (boys’ style) will be 6107.21.0020, 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 9.1 percent ad valorem.

The applicable subheading for the other bottom garment in style 17686 will be 6107.91.0030, HTS, which provides as above but for Other: Of cotton: Sleepwear. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for the top and one bottom garment in styles 88015 and 17685 (girls’ styles) will be 6108.31.0020, HTS, which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightdresses and pajamas: Of cotton: Girls’. The rate of duty will be 8.7 percent ad valorem.

The applicable subheading for the other bottom garment in styles 88015 and 17685 will be 6108.91.0040, HTS, which provides as above but for Other: Other: Girls’. The rate of duty will be 8.7 percent ad valorem.

Styles 88000, 17631 and 17632 fall within textile category designation 239. The pajamas of styles 88015, 17686,17685, as well as the separate bottom garment of style 17686 fall within category 351. The separate bottom garment of styles 88015 and 17685 falls within category 350. Based upon international textile trade agreements, products of China in all of these categories and products of Hong Kong in categories 350 and 351 are subject to quota and the requirement of a visa.

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.

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
San Francisco

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