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NY N007441




March 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0020

Ms. Miriam Espinoza
Intradeco Apparel, Inc.
9500 N.W. 108 Avenue
Miami, Florida 33178

RE: The tariff classification of girls’ sleepwear from an undetermined country of origin.

Dear Ms. Espinoza:

In your letter dated February 20, 2007 you requested a tariff classification ruling on behalf of your customer, Wal-Mart Stores.

Four garments representing two packaged sets of pajamas were submitted for review. Styles 5371, style 5397 and styles 5371, 5372 are “Fruit of the Loom” brand girls’ sleepwear sets. Both sets consist of a pullover and pants, which will be sold, together in a sealed cardboard header package. The garments will be constructed of finely knit 1x1 rib-knit, piece dyed cotton fabric. Style 5371 represents the upper body garment for both pajama sets. It has a screen print cartoon animal design, long sleeves, a capped round neckline, a cut fabric bottom and cut fabric sleeves, all of which are finished by the same contrast color overlock stitching. Styles 5397 and 5372 are pull-on pants. They feature covered elasticized waistbands and cut fabric leg openings finished by overlock stitching that is the same color as the pants. Although you suggest classification for both styles under HTSUS provisions for underwear, we find that the articles at issue are primarily worn in the United States as sleepwear and not as undergarments.

Our office for future reference purposes is retaining the samples.

The applicable subheading for both sets of pajamas will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ pajamas and nightdresses, knitted or crocheted, of cotton, girls’. The duty rate will be 8.5 percent ad valorem.

Girls’ cotton pajamas fall within textile category designation 351. 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). 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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