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NY A80126




March 1, 1996

CLA-2-61:RR:NC:WA:361 A80126

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Kimberly Jones
Joe Boxer Corp.
1265 Folsom St.
San Francisco, CA 94103

RE: The tariff classification of women's knit pajamas and nightgown from Thailand and Turkey

Dear Ms. Jones:

In your letter dated February 7, 1996, you requested a classification ruling for styles 563 and 592. The garments are being returned, as you requested.

Style 563 is a woman's 100% cotton thermal knit nightgown. It is chemise styled, with 1/8th inch straps, neckline and armhole trimmed with woven fabric, and a plain hemmed bottom. The garment is sized for a comfortable fit.

Style 592 is are woman's knit pajamas of 100% cotton. The top has a collar, full front opening, one patch chest pocket, and long sleeves. The pajama bottoms are ankle length, and have an elasticized waistband and a drawstring. The garments are sized for a comfortable fit.

You have indicated that the pajamas are designed and sold as nightwear, that these garments will be sold in sleepwear departments, and the garments, when advertised, will be shown as pajamas and nightgowns.

The applicable subheading for both styles 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 8.9 percent ad valorem.

Both styles fall within textile category designation 351. Based upon international textile trade agreements, products of Thailand and Turkey 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,

Roger J. Silvestri
Director

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