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NY H89588




March 28, 2002

CLA-2-61:RR:NC:TA:358 H89588

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0020; 6111.20.6020

Sherri Desjardins
Emery Customs Brokers
P.O. Box 610715
Dallas, TX 75261

RE: The tariff classification of a “thermal 2-piece set” for infants’ and toddlers’ wear from Guatemala and India

Dear Ms. Desjardins:

In your letter dated March 18, 2002, written on behalf of Gerber Childrenswear, you requested a classification ruling.

The submitted sample, which is packaged in a sealed polybag which is labeled “everyday wear”/”thermal 2-piece set”, is comprised of two garments, each manufactured from waffle-knitted fabric of 65% cotton/35% polyester. One of these garments is a close-fitting pair of trousers, elasticized around the waistband, and the other of these garments is a close-fitting pullover, long-sleeved and round-necked.

As you have requested, the samples are being returned.

The applicable subheading for the set in infants’ sizing will be 6111.20.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of cotton, other, other, sets; and for the set in toddlers’ sizes will be 6108.31.0020, which provides for girls’pajamas, knitted, pajamas, of cotton, girls’. The duty rates will be 8.2 and 8.6 per cent ad valorem, respectively.

Nightwear for children in sizes 0-14 is subject to the flammability standards of the Consumer Products Safety Commission, (CPSC). Furthermore, the CPSC has published a notice of a Stay of Enforcement of sleepwear requirements for skin-tight and nearly skin-tight garments used or sold as underwear or as sleepwear.

In infants’ sizing the pajamas fall within textile category designation 239 and in toddlers’ sizes within 351. Based upon international textile trade agreements products of Guatemala and India 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 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 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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