CLA-2-61:RR:NC:TA:358 I83182
Estelle Lee
TL Care, Inc.
P.O. Box 77087
San Francisco, CA 94107
RE: The tariff classification of infants’ night wear from China
Dear Ms. Lee:
In your letter dated June 18, 2002 you requested a classification ruling.
The newborn “Sleep N Play” sample, a one-piece garment, which will be manufactured from jersey fabric of 100% cotton, is characterized by long sleeves, by long legs without openings, by a stand-up collar, and by a full-front, snapped opening, which extends to the neckline.
The newborn “Gown”, manufactured from jersey fabric of 100% cotton, which can open by means of a partial-front, snapped opening, is a long-sleeved, round-necked, full-length garment, which is rib-knitted around the lower edge.
The applicable subheading for the two garments will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments…, knitted…, of cotton, other, other, other, other. The duty rate will be 8.2 per cent ad valorem.
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.
The garments fall within textile category designation 239. Based upon international textile trade agreements products of China 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.
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