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NY G82935




November 16, 2000

APP-6-2-61-TO:TT MEF G28

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020

Ms. Linda Moyer
Customs Manager
Associated Merchandising Corporation
500 Seventh Avenue
New York, New York 10018

RE: The Tariff Classification of Boys’ 100% Cotton Knit Sleepwear Set from Turkey

Dear Ms. Moyer:

In your letter dated November 1, 2000, you requested a tariff classification ruling.

The sample submitted, Style Number 115R100K, is a Boys’ 100% Cotton Knit Two-piece Sleepwear Short Set. The short sleeve top has a rib knit crew neckline and a straight hemmed bottom. The short pant, which lacks a fly opening, features a full elastic waist. Both garments are printed with a brightly colored overall sport equipment design on a navy blue background. You state the two garments will be marketed and sold as a set. The sleepwear set will be imported in Boys’ sizes XS-L. In accordance with your request, the sample set will be returned to you.

The applicable subheading for the Boys’ 100% Cotton Knit Sleepwear Set will be 6107.21.0020, Harmonized Tariff Schedule of the United States (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 is 9.1%.

The Boys’ Short Set is considered sleepwear and must meet the requirements set forth in the Flammable Fabrics Act and 16 CFR 1615, 1616. Failure to meet these requirements will require Customs to prohibit entry into the commerce of the United States. The CPSC has published a notice involving a stay of enforcement of the sleepwear requirements against skin tight or nearly skin-tight garments currently being used as sleepwear. You should contact the CPSC to determine whether or not the articles in question are subject to this notice.

The Boys’ 100% Cotton Knit Two-piece Sleepwear Set falls within Textile Category Designation 351. Based upon international Textile Trade Agreements, products of Turkey are subject to 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 and 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.

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. If you have any questions regarding this ruling, please contact Field National Import Specialist Mary Fischbach at (410) 962-4472 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

David J. Austin
Acting Port Director

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