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NY 896324




April 29, 1994

CLA-2-62:S:N:N5:360 896324

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Ms. Judith A. Schechter
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, NY 10167-0002

RE: The tariff classification of women's pajamas from Hong Kong and/or China

Dear Ms. Schechter:

In your letter dated March 29, 1994, you requested a tariff classification ruling on behalf of Mast Industries, Inc. The sample you submitted will be retained by this office.

Cacique style C-4413 consists of a woman's two piece pajama. The pajama top is constructed from 100% cotton brushed flannel woven fabric. The long sleeved top extends from the shoulders to mid-thigh and features: a full front opening secured by four buttons, an enclosed drawstring waist, a collar collar, a patch pocket located over the left breast and side slits. The pajama bottom is a pull-on pant constructed from 100% cotton 2x2 rib knit fabric. The essential character of the pajamas is imparted by the woven cotton top.

The applicable subheading for style C-4413 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls'...nightdresses, pajamas...: Of cotton: With two or more colors in the warp and/or the filling. The rate of duty will be 9.5 percent ad valorem.

Style C-4413 falls within textile category designation 351. Based upon international textile trade agreements, products of Hong Kong and China are subject to a visa requirement. In addition, products of China are subject to 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 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 New York Seaport

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