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NY N025414




April 7, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.99.1030; 6108.92.0040

Ms. Jo Bronson Harris
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

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

Dear Ms. Harris:

In your letter dated March 27, 2008, on behalf of Gerber Childrenswear, Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Style number 43837243TGRL is a toddler girl’s one piece sleepwear garment constructed of finely knit brushed polyester fabric. The pink garment features long sleeves with rib-knit cuffs and long legs with rib-knit cuffs. It has a front opening which extends from the crew neckline through the crotch, down one pant leg to the ankle and is secured by a zipper closure.

Style number 43837243TBOY is a toddler boy’s one piece sleepwear garment constructed of finely knit brushed polyester fabric. The garment has an all-over random design of cars on a red background and features long sleeves with rib-knit cuffs and long legs with rib-knit cuffs. It has a front opening which extends from the crew neckline through the crotch, down one pant leg to the ankle and is secured by a zipper closure.

The garments are not classifiable as blanket sleepers because they lack feet.

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 43837243TGRL will be 6108.92.0040, 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 man-made fibers, other: girls’. The duty rate will be 16 percent ad valorem.

The applicable subheading for style number 43837243TBOY will be 6107.99.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ underpants, briefs, panties, nightshirts and pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: of other textile materials: of man-made fibers, sleepwear. The duty rate will be 14.9 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 number 43837243TGRL falls within textile category 650. Style number 43837243TBOY 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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