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NY G85435




December 27, 2000

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0020

Mr. Adam Lander
Associated Merchandising Corporation
500 Seventh Avenue
New York, New York 10018

RE: The Tariff Classification of Girls’ 100% Cotton and 60% Cotton/40% Polyester Knit Long John Style Sleepwear Sets from Nicaragua

Dear Mr. Lander:

In your letter dated December 5, 2000, you requested a tariff classification ruling.

The following samples were submitted with your request: Style 56502 Girls’ Thermal Underwear Bottom: 60% Cotton/40% Polyester Style 56501 Girls’ Thermal Underwear Top: 60% Cotton/40% Polyester Style 56521 Girls’ Underwear Bottom: 100% Cotton Style 56510 Girls’ Underwear Top: 100% Cotton

Style 56501 is a Girls’ 60% Cotton/40% Polyester Knit Thermal Top. The flower pattern printed top features long sleeves; rib knit at the neckline and cuffs; and a straight hemmed bottom. Style 56502 is a Girls’ 60% Cotton/40% Polyester Knit Thermal Bottom. The printed flower pattern matches the flower print design on the top. This pant features long legs; a full elastic waist; and rib knit at the ankles. Style 56510 is a Girls’ 100% Cotton Knit Top. The flower pattern printed top has a round neckline; long sleeves; and a straight hemmed bottom. The neckline and cuffs feature a rick-rack trim. Style 56521 is a Girls’ 100% Cotton Knit Bottom. The printed flower pattern matches the flower print design on the top. The pant features long legs; a full elastic waist; and rick-rack trim at the ankles. You state the top and bottom of each sleepwear set will be packaged and sold together in a polybag. The Girls’ 60% Cotton/40% Polyester Knit Thermal Long John Set will be imported in Girls’ size range 4-14. The Girls’ 100% Cotton Knit Long John Set will be imported in Girls’ size range XS to XL. All samples will be returned to you as requested.

Children’s sleepwear, sizes 0-14, is subject to the standards and requirements of the Flammable Fabrics Act which is regulated by the Consumer Products Safety Commission (Code of Federal Regulations, Subchapter D, Part 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 skintight garments currently being used as 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 the Consumer Products Safety Commission standards.

The applicable subheading for the Girls’ Knit Long John Sleepwear Sets 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 for 2000 is 8.7%. The rate of duty for 2001 will be 8.6%.

The Girls’ 100% Cotton and 60% Cotton/40% Polyester Knit Long John Style Sleepwear falls within Textile Category Designation 351.

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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