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NY 815540




November 1, 1995

CLA-2-62:R:N5:360 815540

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.91.3010

Mr. Steve Rubinson
Montgomery Ward
Corporate Offices
Montgomery Ward Plaza
Chicago, IL 60671

RE: The tariff classification of a woman's pajama set and pajama separates from Hong Kong

Dear Mr. Rubinson:

In your letter dated October 4, 1995, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 2761 is a two piece pajama set constructed from 100 percent woven cotton flannel. The upper body portion features, long sleeves, a collar, lapels and a full front opening secured by four buttons. The garment also has a left chest pocket and has a straight hemmed bottom. The pants have an elasticized waist and straight legs that extend to the ankles.

The applicable subheading for the pajamas will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The duty rate will be 9.4 percent ad valorem.

In your letter, you also wanted to know the classification of the garments if they were imported separately. The applicable subheading for the top and the bottom will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' singlets or other undershirts, slips, petticoats, briefs, panties, nightdresses and pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women's. The duty rate will be 11.8 percent ad valorem.

The pajama set falls within textile category designation 351; the pajama top and the pajama bottom fall into textile category designation 352. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466-5866.

Sincerely,

Roger J. Silvestri
Director

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