The tariff classification of Babies’ and Toddler’s 100% Cotton Knit Two Piece Long John Sleepwear Sets from Malaysia and Singapore

PD H88054 February 23, 2002 APP-6-2-61-TO:TT MEF G28 CATEGORY: Classification TARIFF NO.:6111.20.6020; 6107.21.0020; 6108.31.0020 Ms. Sherri Desjardins Compliance Manager Apparel, Retail & Textile Emery Customs Brokers Post Office Box 610715 Dallas, Texas 75261 RE: The tariff classification of Babies’ and Toddler’s 100% Cotton Knit Two Piece Long John Sleepwear Sets from Malaysia and Singapore Dear Ms. Desjardins: In your letter dated January 31, 2002, you requested a tariff classification ruling on behalf of Gerber Childrenswear, 7005 Pelham Road, Greenville, South Carolina 29615. The sample submitted is a snug fitting two piece 100% Cotton Knit Long John Sleepwear Set. The upper body garment features long sleeves, straight edge hemmed bottom, and rib knit at the crew neckline and wrist. The lower body garment features an elastic waistband and rib knit trim at the ankles. The top and bottom are printed with the same overall pattern. Both garments will be imported packaged together and sold as a two piece Long John set for children’s sleepwear. You state the size range for the imported garments will be Babies’ sizes 6-18 months, and Toddler sizes 2T-4T. No Style Numbers are available at this time. The applicable subheading for the Babies’ 100% Cotton Knit Two Piece Long John Sleepwear Set will be 6111.20.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies’ garments and clothing accessories, knitted or crocheted: Of cotton: Other: Other: Sets. The rate of duty will be 8.2%. The applicable subheading for the Toddler Boys’ 100% Cotton Knit Two Piece Long John Sleepwear Set will be 6107.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightshirts and pajamas: Of cotton: Boys’. The rate of duty will be 9%. The applicable subheading for the Toddler Girls’ 100% Cotton Knit Two Piece Long John Sleepwear Set will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightdresses and pajamas: Of cotton: Girls’. The rate of duty will be 8.6%. The Toddler Girls’ and Boys’ 100% Cotton Knit Long John Sleepwear Sets fall within Textile Category Designation 351. Based upon international textile trade agreements, products of Malaysia and Singapore are subject to quota and the requirement of a visa. Children’s sleepwear, sizes 0-14, are subject to the standards and requirements of the Flammable Fabrics Act which is regulated by the Consumer Products Safety Commission (Code of Federal Regulations, Subchapter D, Part 1615, 1616). Failure to meet these requirements will require the Customs Service to prohibit entry into the commerce of the United States. The CPSC has published a notice involving a stay of enforcement of the sleepwear requirements against skintight or nearly skintight garments currently being used as sleepwear. Please contact the CPSC to determine the status of this merchandise for compliance purposes. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the Consumer Products Safety Commission standards. 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.USTREAS.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. 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. Sincerely, Charles P. Bartoldus Port Director Port of Baltimore