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NY N014731




July 25, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0040

Ms. Carolyn B. Malina
Lands’ End, Inc.
2 Lands’ End Lane
Location #22-290
Dodgeville, WI 53595

RE: The tariff classification of toddler’s sleepwear from China or Macau.

Dear Ms. Malina:

This ruling replaces N009420, dated April 27, 2007. You have advised our office in a letter dated July 16, 2007 that the style number for the pajama top has been changed to 246697. This change is contained in the following text.

The submitted sample, style number 246697 (toddler sizes 2T – 4T), is a unisex pajama top constructed of knit cotton fabric. The garment features a crew neck, long sleeves with rib-knit cuff and a hemmed bottom. The garment is designed and marketed as a “mix and match” pajama top. It will be sold in your catalog as kids’ sleepwear and will be paired with sleepwear pants.

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 number 246697 will be 6108.91.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ slips, petticoats, briefs, panties, night dresses and pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of cotton, other: girls’. 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 #179966 falls within textile category 350. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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