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NY L82658




March 18, 2005

CLA-2-61:RR:NC:TA:358 L82658

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0040; 6110.20.2075

Claire Seeley
Moksha Worldwide Inc.
361 Park Avenue
Glencoe, IL 60022

RE: The tariff classification of girls’ nightwear from China

Dear Ms. Seeley:

In your letter dated February 14, 2005 you requested a classification ruling.

Submitted style OK042 is comprised of two pieces. One of these pieces is a loosely fitted pair of trousers, fully elasticized around the waistband, manufactured from knitted, brushed fabric of 100% polyester. The other of the pieces is a long-sleeved pullover, the round neckline of which is ornamented, manufactured from finely rib-knitted fabric of 100% cotton.

The applicable subheading for the upperbody garment will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pulloversand similar articles, knitted, of cotton, other, other, other, girls’; and for the other of the garments of style OK042 will be 6108.92.0040, HTS, which provides for girls’pajamasand similar articles, knitted, other, of man-made fibers, other, girls’. The duty rates will be 16.5 and 16 percent ad valorem, respectively.

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.

The pullover falls within textile category designation 339 and the trousers within 650. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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