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HQ 084105


July 20, 1989

CLA-2 CO:R:C:G 084105 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Doreen Wai
Second Secretary
Hong Kong Economic & Trade Affairs
Hong Kong Economic and Trade Office
British Embassy
1233 20th Street, N.W., Suite 504
Washington, DC 20036

RE: Classification of cotton pajamas

Dear Ms. Wai:

This is in reply to your letter of March 28, 1989, requesting recon sideration of NYRL 833091 of December 7, 1988. Reference your case # 2/89, Nordstrom, Inc.

FACTS:

On December 7, 1989, the Area Director, New York Seaport, issued Nordstrom, Inc., a binding ruling on a women's finely knit 100 percent cotton pullover and shorts set from Hong Kong, style #9457P. The top features a rib knit crew neck, short sleeves, and a front, embroidered, chest pocket. The shorts have an elasticized waistband and wide leg openings with straight hemmed bottoms.

ISSUE:

Whether the set is pajamas under the Harmonized Tariff Schedule of the United States Annotated?

LAW AND ANALYSIS:

Nordstrom has stated that, but for an open fly front, the instant merchandise is identical to the merchandise ruled upon in HRL 083724 of May 31, 1989. This minor difference does not affect classification for our purposes. Therefore, the analysis and conclusion in HRL 083724 is incorporated herein and attached hereto.
HOLDING:

As a result of the foregoing, the instant merchandise is classified under 6108.31.0010, HTSUSA, textile category 351, as women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bath robes, dressing gowns and similar articles, knitted or crocheted, night dresses and pajamas, of cotton, women's.
The applicable rate of duty is 9 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to import ing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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