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NY 808084




April 6, 1995

CLA-2-61:S:N:N5:361 808084

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Mr. Norman Katz
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of women's knit pajamas and nightgown from Colombia.

Dear Mr. Katz:

In your letter dated March 15, 1995, you requested a classification ruling on behalf of Movie Star Inc. The garments are being returned, as you requested.

Style 7056 is pair of women's pajamas. The top is constructed from 50% cotton, 50% polyester rib knit fabric and a yoke and cuff trim of 100% cotton woven fabric. The top has a partial opening with 4 button closure. The top features long sleeves, and a shirt tail bottom. The pajama pants are constructed from 50% cotton, 50% polyester jersey knit fabric. The pull-on pants feature a covered elasticized waistband.

Style 78053 is a woman's nightgown manufactured from 50% cotton, 50% polyester rib knit fabric and a back yoke, pocket and cuff trim of 100% cotton woven fabric. The garment has long sleeves, a partial front opening with a 5 button closure, and a breast pocket. The nightgown extends approximately to the ankles.

You have indicated that it is the importer's position that both the pajamas and nightgown are in chief weight of cotton. An analysis of the garments, however, indicates that the essential character is provided by the knit portion. Since the knit portion is made from equal quantities of cotton and polyester, the garment is classified under the HTS number for knit man-made fibers, as that is the number which appears last among those under consideration.

The applicable subheading for both styles will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightdresses and pajamas of man-made fibers. The rate of duty will be 16.9 percent ad valorem.

Both styles fall within textile category designation 651. Based upon international textile trade agreements, products of Colombia are subject to a visa requirement.

You have indicated in your letter that the fabric is a blend of 50% cotton/50% polyester knit fabric. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and the textile category designation of the subject garment.

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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