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NY J87003




August 6, 2003

CLA-2-61:RR:NC:TA:358 J87003

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0025; 6111.30.5020

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

RE: The tariff classification of nightwear from Macau

Dear Mr. del Mundo:

In your letter dated July 31, 2003 you requested a classification ruling.

Submitted style 255-21618 is comprised of two pieces. One of these pieces is a pair of loose-fitting, pink trousers, fully elasticized around the waistband, and manufactured from knitted terry of 100% polyester. The other of the pieces is a snug-fitting, long-sleeved, round-necked pullover, embroidered with female motifs, and manufactured from finely rib-knitted fabric of 100% cotton.

As you have requested, the sample garment is being returned.

When sized for infants the applicable subheading for this style will be 6111.30.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of synthetic fibers, other, sets; and when sized for larger girls the applicable subheading will be 6108.32.0025, which provides for girls’pajamasknitted, of man-made fibers, girls’, other. The duty rate will be 16.1 per cent in either case.

In infants’ sizes this style falls within textile category designation 239, and in larger sizes for girls within 651 . Based upon international textile trade agreements products of Macau 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

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

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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