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NY M80627




March 7, 2006

CLA-2-61:RR:NC:TA:358 M80627

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.92.0030

Moncy Nabors
JC Penney Purchasing Corporation
6501 Legacy Drive
Plano, TX 75024-3698

RE: The tariff classification of sleepwear from China

Dear Ms. Nabors:

In your letter dated February 21, 2006 you requested a classification ruling.

Submitted styles 3J06038010B and 3J06038010A, manufactured respectively from light-weight fleece of 100% polyester and from knitted, brushed fabric of 100% polyester, are loosely fitted, long-legged garments, fully elasticized around the waistband, that you state will be marketed for boys’ wear.

Although you suggest classifaction under 6207.22.0000, HTS, this is not possible because the garments are not of woven construction. The applicable subheading for both styles will be 6107.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for boys’pajamasand similar articles, knitted, other, of man-made fibers, sleepwear. The duty rate will be 14.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Both garments fall within textile category designation 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.

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 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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