CLA-2-61:RR:NC:TA:358 I85890

Kevin Maher
CAir International
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a three-piece pajama set from Cambodia

Dear Mr. Maher:

In your letter dated September 5, 2002, written on behalf of Children’s Place, you requested a classification ruling.

Submitted style B 847523 G, manufactured from finely rib-knitted fabric of 100% cotton, is comprised of three garments. One of these garments is a pair of shorts, fully elasticized around the waistband. Another of these garments is a pair of trousers, fully elasticized around the waistband, manufactured from the same fabric as are the shorts. The third garment is a short-sleeved, round-necked pullover, constructed from fabric which coordinates with either one of the bottoms.

As you have requested, the sample style is being returned.

In girls’ sizing larger than infants’ the applicable subheading for the pullover and for either the shorts or the trousers will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for …girls’…pajamas…, knitted…, of cotton, girls’; and for the other of the bottoms will be 6108.91.0040, 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 for the three garments of this style

In infants’ sizing the applicable tariff subheading for the three garments will be 6111.20.6030, which provides for babies’ garments…, knitted…, of cotton, other, other, other, imported as parts of sets. The duty rate will be 8.2 per cent ad valorem

In girls’ sizing larger than infants’ the pullover and either the shorts or the trousers fall within textile category designation 351, and the other of the bottoms falls within 350; whereas in infants’ sizing the three garments fall within 239. Based upon international textile trade agreements products of Cambodia are 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.

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.

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