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NY 808670



April 27, 1995

CLA-2-61:S:N:N5:361 808670

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Kathy Redey
Eddie Bauer
15010 N..E. 36th Street
Redmond, WA 98052

RE: The tariff classification of woman's sleepwear from Hong Kong.

Dear Ms. Redey:

In your letter dated March 27, 1995, you requested a tariff classification ruling for four garments. The samples are being returned, as you requested.

The pajama top, which will be imported under style numbers 20014, 20015, and 20016, is constructed from 100% cotton knit thermal fabric. The top is a pullover with a V-neckline, long sleeves, two non-functional buttons in the front, and a hemmed bottom. The garment is sized for a relaxed fit.

The pajama pant, which will be imported under style numbers 20007, 20019, and 20024, is constructed from the same cotton knit thermal fabric as the top. The pull-on pants feature an elasticized waistband, and a rib knit cuff bottom. The garment is sized for a relaxed fit.

The nightgown, which will be imported under style numbers 7873, 7876, and 8325, is constructed from the same cotton knit thermal fabric. The nightgown is ankle length and feature a rounded neckline, three non-functional buttons, long sleeves, and a plain hemmed bottom. The garment is sized for a relaxed fit.

The one piece sleepwear garment styled like a jumpsuit will be imported under style numbers 20026, 20027, and 20028. It is also constructed from the same cotton knit thermal fabric top. The jumpsuit extends from the wearers shoulder to ankles, and features long sleeves with rib knit cuffs, an 8-button front opening that extends from the neckline to the waist, a waist that may be adjusted by means of fabric inserted in a tunnel waist treatment, and a rib knit cuff bottom. The garment is sized for a relaxed fit.

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

The garments fall within textile category designation 351. Based upon international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement and quota restraints.

As you noted in your letter, if the pajama tops and bottoms are imported together in the same numbers, they will be considered pajamas, and treated as a unit.

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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