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NY H80527




May 18, 2001

CLA-2-61:LA:S:T:1:2:G04 H80527

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of boys’ knit pajamas from Hong Kong

Dear Mr. Evan:

In your letter dated May 7, 2001, on behalf of your client, The Haddad Apparel Group, you requested a tariff classification ruling.

The submitted sample, style HDB-PJ5369, is a boy’s pajama set constructed from 60% cotton, 40% polyester finely knit printed fabric. The pajama top features a rib knit crew neckline, long sleeves with rib knit cuffs, a hemmed bottom, and a straight, snug-fitting body. The pajama bottom features a fully elasticized covered waistband and long, snug-fitting legs with rib knit cuffs at the bottom. Although no size range was indicated in your letter, the submitted sample is a boy’s size 4.

Your sample will be returned as requested.

The applicable subheading for the pajamas 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 boys’ pajamas fall within textile category designation 351. As a product of Hong Kong, 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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