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NY N016553




September 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0020

Ms. Christine Lanoue
Talbot’s Import, LLC
1 Talbot’s Drive
Hingham, MA 02043

RE: The tariff classification of toddler unisex pajamas from Macau.

Dear Ms. Lanoue:

In your letter dated August 28, 2007, you requested a classification ruling. As requested, the sample will be returned to you.

You have submitted two samples. Style 74637001, is a unisex children’s (sizes 2-16) pajama set constructed of knit cotton fabric. The snug fitting pajamas feature a pullover style top and pull-on style pants. The pullover top features a crew rib-knit neck, long sleeves with rib-knit cuffs, screen printing and a hemmed bottom. The pants feature an enclosed elasticized waistband and rib-knit cuffs.

Style 75637001, is a unisex children’s (sizes 2-16) pajama set constructed of knit cotton fabric. The snug fitting pajamas feature a pullover style top and pull-on style shorts. The pullover top features a round rib-knit neck, short sleeves with rib-knit capping, screen printing and a hemmed bottom. The shorts feature an enclosed elasticized waistband and rib-knit capping.

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 styles 74637001 and 75637001 will be 6108.31.0020, 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: nightdresses and pajamas: of cotton, girls’. The duty rate will be 8.5 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 fall within textile category 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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