The tariff classification of sleepwear separates from various countries

NY M81448 March 30, 2006 CLA-2-62:RR:NC:TA:358 M81448 CATEGORY: Classification TARIFF NO.: 6208.92.0040 Patricia Kash Bees & Jam Universal MFG 70 West 36 Street Suite 603 New York, NY 10018 RE: The tariff classification of sleepwear separates from various countries Dear Ms. Kash: In your letter dated March 23, 2006 you requested a classification ruling for items that will be sold by Target Stores. You state that girls’ styles 133396 and 133394, each of which is manufactured from gingham fabric of 100% polyester, will be imported and sold as separates. The former style is basically a pair of loosely fitted trousers, fully elasticized around the waist, and the latter style is basically a loosely fitted, pullover garment, spaghetti-strapped and straight-cut across the back. Although you have suggested classification under HTS 6208.22.0000, that is not possible because the styles are separate garments. The applicable subheading for each of the styles will be 6208.92.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …girls’…pajamas…other, of man-made fibers, other, girls’. The duty rate will be 16 per cent 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/. Nightwear for children in sized 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 652. 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. 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