CLA-2-62:RR:NC:N3:358
W.C. Fortenberry
Star International Customs Broker and Freight Forwarder
385 Oyster Point Blvd. #9B
South San Francisco, CA 94080
RE: The tariff classification of child’s pajamas from China
Dear W.C. Fortenberry:
In your letter dated December 27, 2006, on behalf of your client Wah-I-Hong Company, you requested a classification ruling. The submitted sample will be returned to you as requested.
The submitted sample, article number KFTB715, is a child’s two-piece Chinese style pajama set consisting of an upper body garment and separate pants. Both pieces are constructed from lightweight polyester satin woven fabric. The pajama top features a standup collar, a full front opening secured by metal snaps that fasten left over right and secondary frog closures above the metal snaps. The long sleeve shirt has patch pockets at the waist, hemmed cuffs and a hemmed bottom. The pull-on style pajama pants have a covered elasticized waist and hemmed cuffs. The submitted article will be imported in sizes 2-14.
The garments are regarded as boys’ wear because the pajama top closure is left over right and there is no indication, based on the cut of the garment, to clearly indicate that it is designed for one or other of the sexes.
The applicable subheading for the child’s polyester woven pajamas will be 6207.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, nightshirts and pajamas, of man-made fibers. The duty rate will be 16 percent ad valorem.
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/.
Boys’ polyester woven pajamas fall within textile category designation 651. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.
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 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 Bruce Kirschner at 646-733-3048.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division