The tariff classification of a pajama set from Hong Kong

NY G87278 February 27, 2001 CLA-2-61:RR:NC:TA:358 G87278 CATEGORY: Classification TARIFF NO.: 6107.21.0020; 6108.31.0020 Janice Garlitz Little Me Childrenswear Company LLC P.O. Box 1742 Cumberland, MD 21501 RE: The tariff classification of a pajama set from Hong Kong Dear Ms. Garlitz: In your letter dated February 14, 2001 you requested a classification ruling. Although submitted in infants’ sizing, you state that this style, which you refer to as “Long Johns”, will be manufactured in toddlers’ sizes for both boys and for girls, and is intended for sleepwear. This style, manufactured from finely knitted fabric of 95% cotton/5% spandex, is comprised of two pieces. One of these pieces is a pair of trousers, elasticized at the waist, ribbed-knitted around the ankles. The other piece is pullover, rib-knitted around the cuffs of the long sleeves and around the neckline. The applicable subheading for this style when designed for boys will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for …knitted… pajamas, of cotton, boys’; and when designed for girls will be 6108.31.0020, which provides for …knitted… pajamas, of cotton, girls’. The duty rates will be 9.1 and 8.6 per cent ad valorem, respectively. The pajamas fall within textile category designation 351 for both boys’ and girls’ wear. Based upon international textile trade agreements products of Hong Kong may be subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. Children’s pajamas, sizes 0 to 14, are subject to the standards of the Consumer Product Safety Commission (CPSC) governing the flammability of children’s sleepwear. Please contact the CPSC to determine the status of your submitted sample for compliance purposes, since this ruling for “Long Johns” applies to its tariff classification, but not to its admissibility under the terms of CPSC standards. 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 Kirschner at 212-637-7079. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division