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

Mr. Kevin Maher
C-Air Customhouse Broker
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of an infant’s sleep sack from China.

Dear Mr. Maher:

In your letter dated June 20 2012, on behalf of your client Impact Imports, you requested a tariff classification ruling. As requested, the sample will be returned to you.

The submitted sample, Style 45602, which is described as a babies’ sleep sack, is a one-piece sleeveless baby bunting. The item is made of lightweight finely knit cotton interlock fabric. It has cutouts at the armholes and a full front zipper opening that extends from the round neckline towards the garment bottom. A fabric tab with metal snap closure is positioned above the base of the zipper track. The item has embroidery and appliqué work depicting baby animals on one chest side. The article will be sized for babies 0-9 months of age and 12-24 months of age.

The applicable subheading for Style 45602 will be 6111.20.6070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: other, other: other. The rate of duty will be 8.1 percent ad valorem.

Nightwear for children is subject to the flammability standards of the Consumer Products Safety Commission, (CPSC). Cotton sleep sacks for babies’ 12-24 months of age are subject to CPSC flammability requirements and cannot be sold to consumers in the United States if they are not flame-resistant. Please contact the CPSC regarding compliance.

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/.

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,

Thomas J. Russo
Director
National Commodity Specialist Division