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NY K84081




March 17, 2004
CLA-2-61:RR:NC:TA:358 K84081

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0020

Carolyn B. Malina
Lands’ End, Inc.
5 Lands’ End Lane
Dodgeville, WI 53595

RE: The tariff classification of children’s pajamas for unisex wear from Turkey

Dear Ms. Malina:

In your letter dated March 9, 2004 you requested a classification ruling.

Each of the submitted styles, manufactured from finely rib-knitted fabric of 100% cotton, is comprised of a pair of trousers, fully elasticized around the waistband and closely fitted around the ankles, and of a long-sleeved, raglan-styled, round-necked pullover. Although you state that style 95684, submitted in sizes 6, is intended for boys’ wear and that style 95685, submitted in size 6, is intended for girls’ wear, there is not a difference in sizing nor in styling between the two style numbers. Although you refer to the styles as “underwear sets”, you state that they will be marketed and sold as “long johns” sleepwear.

The submitted samples are being retained by this office for reference purposes.

The applicable subheading for both styles will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’pajamasknitted, nightdresses and pajamas, of cotton, girls’. The duty rate will be 8.5 percent ad valorem.

The pajamas fall within textile category designation 351. Based upon international textile trade agreements products of Turkey 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). 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. Please contact the CPSC regarding compliance.

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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