CLA-2-63:S:N:N6:345 812533

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of pajama bags and a purse from China.

Dear Mr. LeClair:

In your letter dated July 6, 1995, on behalf of Jay-Gur of Montreal, Quebec, Canada, you requested a classification ruling.

The following samples were submitted:

1. Item number 95-100 is a pajama bag made of 100 percent polyester knit pile fabric resembling a "teddy bear". There is a zipper in the back for insertion of a child's pajama or other items. The zipper also serves to secure the detached head to the body. A textile loop is attached onto the top of the head for hanging purposes. The article measures approximately 18 inches in length with head, arms and legs stuffed.

2. Item number 95-101 is a pajama bag resembling a "panda bear" dressed as a clown. The main body, which is the clown outfit, is composed of cotton woven fabric. The detached "panda bear's" head is constructed of knit pile fabric. There is a zipper in the back of the main body for insertion of a child's pajama. The zipper also serves to secure the detached "panda bear's" head to the body. The "panda bear's" head, mitts and boots are stuffed with polyester filling. Attached onto the head is a night cap and textile loop for hanging.

3. Item number 95-102 is a pajama bag constructed of 100 percent polyester brush knit fabric in the shape of a football. It has a zipper closure.

4. Item 95-103 is a purse made of 100 percent polyester knit pile fabric. It features a teddy bear's head on one side, two straps and a zipper closure.

The applicable subheading for item numbers 95-100, 95-101 and 95-102 will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other: Other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for item number 95-103 will be 4202.22.8050, HTS, which provides for handbags, whether or not with shoulder strap including those without handle: With outer surface of sheeting of plastic or of textile materials: With outer surface of textile materials: Other: Other: Other, of man-made fibers. The duty rate will be 19.8 percent ad valorem.

Item number 95-103 falls within textile category designation 670. 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 may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


Jean F. Maguire
Area Director
New York Seaport