The tariff classification of sleepwear separates for girls from Guatemala

NY I89924 January 29, 2003 CLA-2-61:RR:NC:TA:358 I89924 CATEGORY: Classification TARIFF NO.: 6108.91.0040 R. Trace Garrett Associated Merchandising Corporation 500 Seventh Avenue New York, NY 10018 RE: The tariff classification of sleepwear separates for girls from Guatemala Dear Mr. Garrett: In your letter dated January 23, 2003 you requested a classification ruling. Submitted styles 91186 and 91187, elasticized around the waistband are garments for the lower body, knee-length and full-length, respectively, each of which is manufactured from finely rib-knitted fabric of 100% cotton. Submitted styles 91184 and 91183 are round-necked pullovers, sleeveless and short-sleeved, respectively, each of which is manufactured from finely rib-knitted fabric of 100% cotton. It is assumed that the four styles will be imported separately rather than shipped together with complementary garments. As you have requested, the sample garments are being returned. The applicable subheading for either of the four styles will be 6108.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for …girls’…pajamas…and similar articles, knitted…, other, of cotton, other, girls’. The duty rate will be 8.6 per cent ad valorem. Nightwear for children in sizes 0-14 is subject to the flammability standards of the Consumer Products Safety Commission, (CPSC). Furthermore, the CPSC has published a notice of a Stay of Enforcement of sleepwear requirements for skin-tight and nearly skin-tight garments used as or sold as underwear or sleepwear. Please contact the CPSC regarding compliance. The four styles fall within textile category designation 350. Based upon international textile trade agreements products of Guatemala 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. 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 646-733-3048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division