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NY G84834




December 5, 2000

CLA-2-61:LA:S:T:1:2:G04 G84834

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020; 6107.91.0030; 6108.31.0020; 6108.91.0040

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
P. O. Box 800
Champlain, NY 12919

RE: The tariff classification of a three-piece pajama set from Turkey

Dear Mr. Ralston:

In your letter dated October 10, 2000, and received by U. S. Customs on November 8, 2000, on behalf of K P S Kidswear, you requested a tariff classification ruling.

The submitted sample, which is not identified with a style number, is a toddler’s pajama set constructed from 100% cotton finely knit printed fabric. The pajama set will be imported as a three-piece set consisting of a short sleeved pullover, a pair of shorts, and a pair of pants. The three pieces will be packaged together and sold as a set. The pajama top features a rib knit crew neckline, short hemmed sleeves, a hemmed bottom, and a straight, snug-fitting body. The pajama short features a fully elasticized covered waistband and short, snug-fitting legs with hemmed leg openings. The pajama bottom features a fully elasticized covered waistband and long, snug-fitting legs with rib knit cuffs at the bottom. The three-piece pajama set will be imported in toddler sizes 2T, 3T, and 4T for boys’ and girls’.

Your sample will be returned as requested.

The applicable subheading for the boy’s pajama set, consisting of the pullover and one 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 boy’s 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 girl’s or unisex pajama set, consisting of the pullover and one 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 girl’s or unisex 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 boy’s pajama set consisting of the pullover and one pair of bottoms and the boy’s extra pajama bottom falls within textile category designation 351. The girl’s or unisex pajama set consisting of the pullover and one pair of bottoms falls within textile category designation 351 and the girl’s or unisex extra pajama bottom falls within textile category designation 350. As products of Turkey, this merchandise is subject to a visa requirement and quota restraints 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.

If you have any questions regarding this ruling, please contact Field National Import Specialist Jerene Henry at (562) 624-9358 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Vera Adams

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