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NY G84529




November 27, 2000

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0020

Ms. Carolyn B. Malina
Import/Export Manager
Lands’ End, Inc.
5 Lands’ End Lane
Dodgeville, Wisconsin 53595

RE: The Tariff Classification of Children’s 100% Cotton Knit Unisex Long Johns Style Sleepwear Set from Singapore or Malaysia

Dear Ms.Malina:

In your letter dated November 14, 2000, you requested a tariff classification ruling.

The sample submitted, Style 56111, is a Children’s Unisex two piece 100% Cotton Knit Sleepwear Set. The Long Johns Style Top and Pant feature an overall printed flower pattern on a navy blue background. The long-sleeved top has rib knit cuffs, a round neckline and straight hemmed bottom. The long-legged pant has a full elastic waist and rib knit at the ankles. You state the 100% Cotton Knit two-piece Sleepwear Set will be imported in Children’s sizes 4-18.

The applicable subheading for the 100% Cotton Knit Unisex Long John Style Sleepwear Set will be 6108.31.0020, Harmonized Tariff Schedule of the United States (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%.

The Unisex Long John Style 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 100% Cotton Unisex Long John Style Sleepwear Set falls within Textile Category Designation 351. Based upon international textile trade agreements, products of Singapore and Malaysia 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,

Charles P. Bartoldus
Port Director

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