CLA-2-61:RR:NC:TA:358 J86347
Kara Fingard
MOKSHA Worldwide Inc.
361 Park Avenue
Glencoe, IL 60022
RE: The tariff classification of sleepwear for boys, girls, and infants from Macau
Dear Ms. Fingard:
In your letter dated June 17, 2003 you requested a classification ruling.
Submitted style 1841/2/3/4, manufactured for males from finely rib-knitted fabric of 100% polyester, is comprised of two pieces. One of these pieces is a loosely-fitted pair of shorts, fully elasticized around the waistband, and the other of the pieces is a loosely-fitted, short-sleeved, round-necked pullover.
Submitted style 1831/2/3, manufactured for females from finely rib-knitted fabric of 100% polyester, is comprised of two pieces. One of these pieces is a loosely-fitted pair of shorts, fully elasticized around the waistband, and the other of the pieces is a sleeveless, spaghetti-strapped, tank-styled pullover.
The applicable subheading for both styles when sized for infants will be 6111.30.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments…knitted…, of synthetic fibers, other, sets. The applicable subheading for style 1841/2/3/4 in sizes for larger boys will be 6107.22.0025, which provides for …boys’… nightshirts, pajamas…knitted…, …of man-made fibers, boys’, other; and the applicable subheading for style 1831/2/3 in sizes for larger girls will be 6108.32.0025, which provides for …girls’…nightdresses, pajamas…knitted…of man-made fibers, girls’, other. The duty rate for all of the styles in any of the sizes will be 16.1 per cent ad valorem.
In infants’ sizes all of the styles fall within textile category designation 239;.and in larger sizes all of the styles fall within 651. Based upon international textile trade agreements products of Macau 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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). Furthermore, the CPSC has published a notice of a Stay of Enforcement of sleepwear requirements for skin-tight and nearly skin-tight garments used as or sold as underwear or as sleepwear. 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