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NY G85321




December 19, 2000

CLA-2-61: G03 G85321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020; 6108.31.0020; 6111.20.6040

Ron M. del Mundo
Gymboree
700 Airport Blvd., Suite 200
Burlingame, CA 94010

RE: The tariff classification of babies and children’s pajamas from Thailand

Dear Mr. del Mundo:

In your letter dated December 11, 2000 you requested a tariff classification ruling.

You have submitted three pairs of pajamas made from a fine knit fabric that you state is 100% cotton. Each pair consists of an upper body garment and a lower body garment. All garments are close fitting. Each bottom garment is pull-on style with an exposed elastic waistband, and hemmed legs that reach to vicinity of mid-thigh. You have indicated that each of these styles will be imported in babies’ sizes 0-3 months, 3-6 months, 6-12 months, 12-18 months, 24 months and in children’s sizes small (2-3 years old), medium (3-4 years old), large (4-5 years old), x-large (5-6 years old) and xx-large (6-7 years old).

Style 261-20477 is for boys. The upper body garment is a short sleeve shirt with a full front left over right opening secured by six metal snaps. It has raglan sleeves and a baseball collar neckline. The bottom edge and the sleeves are hemmed. The bottom garment has a “underwear” style back panel.

Style 255-20545 is for girls. The upper body garment is a sleeveless tank style top. There is a scoop neckline in the front. The neckline and armholes are finished with a decorative trim and the bottom edge is hemmed. The bottom garment has a gusset in the crotch.

Style 255-20552 is for girls. The upper body garment is pullover style with short raglan sleeves, and a round neckline finished with a narrow band of shiny elastic. The bottom edge and sleeves are hemmed. The bottom garment has a gusset in the crotch.

The applicable subheading for all three styles in the 0-3 months, 3-6 months, 6-12 months, 12-18 months sizes will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies’ garments and clothing accessories, knitted or crocheted: Of cotton: Other: Other: Other: Other. The rate of duty will be 8.3 percent ad valorem. This will also apply to the 24-month size providing that, in accordance with Chapter 61 Note 6 (a) the 24-month size is designed for young children of a body height not exceeding 86 centimeters.

The applicable subheading for style 261-20477 in the boys’ sizes (including the 24-month size if designed for young children of a body height exceeding 86 centimeters) 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 styles 255-20545 and 255-20552 in the girls’ sizes (including the 24-month size if designed for young children of a body height exceeding 86 centimeters) 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 pajamas in the babies’ size fall within textile category designation 239 and in the larger sizes within category 351. Based upon international textile trade agreements, products of Thailand in category 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 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.

If you have any questions regarding the ruling, contact Field National Import Specialist Susan David at (415) 782-9366 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Alice M Rigdon
Port Director San Francisco

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