CLA-2-61:OT:RR:NC:N3:358
Mr. Stanley J. Sumanti
Fox Racing
16752 Armstrong Avenue
Irvine, California 92606
RE: The tariff classification of babies’ apparel from Cambodia
Dear Mr. Sumanti:
In your letter dated August 18, 2021, you requested a tariff classification ruling. Your letter was accompanied by a sample. The sample will be retained for training purposes.
Item #30272 (size 3M) identified as “baby onesie,” consists of a one piece footed bodysuit constructed of 85 percent polyester and 15 percent elastane, knit brushed jersey. The garment features long sleeves with rib-knit cuffs, a round neckline with rib knit fabric trim, a zippered opening which extends from the neckline to the bottom of one leg and footed bottoms. The Fox trademark design is printed on several areas of the garment. This item will be imported in infant’s sizes 3-12 months.
The applicable subheading for the baby onesie, sizes 3-12 months, will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Babies’ garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other: Other: Other.”. The duty rate will be 16 percent ad valorem.
In your letter you indicate that the fabric is not fire retardant. The CPSC issued a publication called Supplemental CPSC Staff Guide To The Enforcement Policy Statements of the Flammability Standard For Children's Sleepwear. In that publication, CPSC has set out the criteria it developed to be used in determining whether certain types of garments are considered to be children's sleepwear for purposes of the Flammable Fabrics Act. The information and criteria contained in the CPSC publication is the result of that agency's extensive research in the sleepwear area. Please refer to that publication or contact the CPSC to determine the status of this merchandise for compliance purposes. This ruling applies only to the classification of the merchandise and not to its admissibility under the terms of CPSC standards.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Katherine Souffront at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division