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NY 810596




June 7, 1995

CLA-2-61:S:N:N5:361 810596

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Doris Acosta
Warnaco
90 Park Avenue
New York, NY 10016

RE: The tariff classification of women's nightshirt and pajamas from Hong Kong and the Philippines.

Dear Ms. Acosta:

In your letter dated May 12, 1995, you requested a tariff classification ruling for a nightshirt and a pair of pajamas, designated as styles 4300 and 4301 respectively. Your samples are being returned, as you requested.

Style 4300 is a woman's nightshirt constructed from 100% cotton waffle knit fabric. The nightshirt has a four button partial front opening, long sleeves with knit cuffs, and a hemmed bottom. The garment extends to approximately the knee.

Style 4301 is a pair of woman's pajamas. The top is constructed from 100% cotton waffle knit fabric; the bottom from 100% cotton jersey knit fabric. The top has a four button partial front opening, long sleeves with knit cuffs, and a hemmed bottom. The bottom is a pull on pant with an elasticized waistband.

The applicable subheading for both items 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, garments imported from Hong Kong and the Philippines are subject to a visa requirement and quota restraints.

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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