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NY N006525




March 1, 2007

CLA-2-62:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.22.0000

Mr. W.C. Fortenberry
Star International Customs Brokers & Freight Forwarder 385 Oyster Point Blvd. #9B
South San Francisco, CA 94080

RE: The tariff classification of children’s pajamas from China.

Dear Mr. Fortenberry:

In your letter dated February 1, 2007, on behalf of Wah I Hong Company, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Article number KFTR801, is a child’s two-piece Chinese style pajama set consisting of an upper body garment and separate pants. Both pieces are constructed from lightweight polyester satin woven fabric. The pajama top features a standup collar, a full front opening secured left over right frog closures. The long sleeve shirt has patch pockets at the waist, hemmed cuffs and a hemmed bottom. The pull-on style pajama pants have a covered elasticized waist and hemmed cuffs. The submitted article will be imported in sizes 2-14.

Article number GP706, is a child’s two-piece Chinese style pajama set consisting of an upper body garment and separate pants. Both pieces are constructed from lightweight polyester satin woven fabric. The pajama top features a standup collar, a full front opening secured by metal snaps that fasten left over right and secondary frog closures above the metal snaps. The short sleeve shirt has side slits, hemmed cuffs and a hemmed bottom. The pull-on style pajama pants have a covered elasticized waist and hemmed cuffs. The submitted article will be imported in sizes 2-14.

Both garments are regarded as boys’ wear because the pajama top closures are left over right and there is no indication, based on the cut of the garment, to clearly indicate that they are designed for one or other of the sexes.

The applicable subheading for article KFTR801 and article GP706 will be 6207.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of man-made fibers. 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/.

Both styles of pajamas fall 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.

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 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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