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NY N005718




January 29, 2007

CLA-2-61:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0025

Mr. Byung K. Lee
Leeward International Inc.
21 West 38th Street
11th Floor
New York, NY 10018

RE: The tariff classification of girl’s sleepwear from China.

Dear Mr. Lee:

In your letter dated January 22, 2007, on behalf of Wal-Mart, you requested a classification ruling.

The submitted sample, style #FGGN1707, is a girl’s pajama set constructed of finely knit polyester fabric. The set consists of a loose fitting sleeveless top with self-capping on the arm holes and U-shaped neckline, a small sewn on bow on one shoulder, a hemmed bottom and a printed design that says “sunset dreams” and “dream on”. The loose fitting pants feature an elasticized waistband with a sewn on bow, hemmed bottom and side vents. The top and bottom are designed and marketed to be sold together as a pajama set. The pajamas have a hangtag that states they are flame resistant sleepwear.

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 applicable subheading for style # FGGN1707 will be 6108.32.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ night dresses and pajamas, knitted or crocheted, of man-made fibers, girls’, other. The duty rate will be 16 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/.

Style #FGGN1707 falls within textile category 651. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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