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NY K80799





December 4, 2003
CLA-2-61:RR:NC:TA:358 K80799

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0040

Kevin Maher
C Air
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a sleepwear set for girls from Taiwan

Dear Mr. Maher:

In your letter dated November 26, 2003, written on behalf of The Children’s Place, you requested a classification ruling.

One of the pieces of submitted style T847503/T847568, manufactured from jersey fabric of 100% polyester, is a pair of loose-fitting, slightly flared shorts, fully elasticized around the waistband, and the other component of the style is a fully elasticized hair accessory.

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

The applicable subheading for this style will be 6108.92.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’pajamasand similar articles, knitted, other, of man-made fibers, other, girls’ . The duty rate is 16.1 per cent ad valorem, and will be 16 per cent ad valorem in 2004.

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.

This style falls within textile category designation 650. Based upon international textile trade agreements products of Taiwan 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.

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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