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NY 885425




May 18, 1993

CLA-2-61:S:N:N5:361 885425

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Lorraine M. Dugan
Associated Merchandising Corp.
1440 Broadway
New York, NY 10018

RE: The tariff classification of a woman's nightshirt and pajamas from Hong Kong.

Dear Ms. Dugan:

In your letter dated April 21, 1993, you requested a tariff classification ruling for two garments. The garments are designated styles 72010 and 72020. Your samples are being returned, as you requested.

Style 72010 is a women's nightshirt constructed from 100% cotton knit fabric. It features a partial placket, long raglan sleeves, a shirt tail bottom with side slits, and cotton woven flannel trim.

Style 72020 is a pair of women's pajamas constructed from 100% cotton knit fabric. The shirt portion features a full front opening, long sleeves, and cotton woven flannel trim. The pull on pants feature an elasticized waist and hemmed leg openings.

You have indicated that both garments were purchased by stores for sale in their sleepwear departments, and have included information to verify your statements. Based on the appearance of the garments themselves, supported by the sale information, these garments are considered sleepwear.

The applicable subheading for both styles will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knitted nightdresses and pajamas of cotton. The rate of duty will be 9 percent ad valorem.

Both styles fall within textile category designation 351. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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

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