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NY H84489




September 5, 2001

CLA-2-61:RR:NC:TA:358 H84489

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0020; 6107.91.0030

Michael T. Cone
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd floor
New York, NY 10167-3397

RE: The tariff classification of sleepwear garments for boys’ wear from China

Dear Mr. Cone:

In your letter dated August 10, 2001 you requested a classification ruling.

You state both that the three submitted garments of 100% cotton jersey fabric will be imported as a three-piece pajama set, and that the short-legged garment is a separate. You also state that each of these three garments will be identified by the same style number PJ5511.

The short-legged garment is manufactured from a solid-colored fabric and the other two garments are manufactured from matching, printed fabric. It is presumed, therefore, that the two garments, manufactured from the printed, coordinating fabric, will be worn together as a pair of garments. This printed fabric does not coordinate with the solid-colored fabric of the short-legged garment, which you have stated is part of the set.

The two garments which are manufactured from the printed fabric are a short-sleeved, round-necked pullover and a long-legged garment for the lower body. A rib-knitted band is sewn onto the lower edge of the long legs and the waistband is elasicized, as it is on the short-legged garment.

As you have requested, the sample garments are being returned.

The applicable subheading for the pullover and for the long-legged garment will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for boys’pajamas, knitted, of cotton, boys’; and for the short-legged garment will be 6107.91.0030, which provides for boys’pajamasand similar articles, knitted, other, of cotton, sleepwear. The duty rates will be 9.1 and 8.9 per cent ad valorem, respectively.

The three garments fall within textile category designation 351. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Sleepwear garments for children in sizes 0-14 are also subject to the flammability standards set by the Consumer Products Safety Commission.

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.

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 National Import Specialist Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director,

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