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NY A88278



Oct. 28, 1996

CLA-2-61:RR:NC:WA:361 A88278

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6117.80.9005

CSI Industries Inc.
450 Winks Lane
Bensalem, PA 19020

RE: The tariff classification of women's pajamas and nightgowns and scrunchies from Singapore or Turkey.

Dear Ms. Placido:

In your letter dated September 17, 1996, which was received in our office on October 2, 1996, you requested a tariff classification ruling for a women's nightgowns with attached scrunchies. The samples are being returned, as you requested.

Style 561-962640 is a pair of woman's pajamas and self fabric scrunchie. The pajamas are constructed from 100% cotton knit fabric. The pajama top has long sleeves, a chest pocket, a full front opening with right over left button closure, 1/4 inch satin trim around the neckline, front opening and top of the pocket, and a hemmed, modified shirt tail bottom. The ankle length pajama bottoms have a 1/2 inch elasticized waistband, and hemmed bottom.

Style 511-962630, which will also be imported under style 511-962629, is a woman's nightshirt and self fabric scrunchie. The nightshirt will be constructed from either 100% cotton knit fabric or 60% cotton, 40% polyester knit fabric. The nightshirt has short sleeves, a chest pocket, a partial front opening with right over left four-button closure, and a hemmed, modified shirt tail bottom.

Style 510-962635, which will also be imported under styles 561-962637 and 561-962636, is a woman's jumpsuit styled pajamas and self fabric scrunchie. The pajamas are constructed from either 100% cotton knit fabric or 60% cotton, 40% polyester knit fabric. The pajamas have long sleeves with rib knit cuffs, and a partial front opening with right over left five-snap closure. The lower portion of the pajamas extends to the ankles and each leg is finished with a rib knit cuff.

Style 510-962631, which will also be imported under style 510-962632, is a woman's jumpsuit styled pajamas and self fabric scrunchie. The pajamas are constructed from either 100% cotton knit fabric or 60% cotton, 40% polyester knit fabric. The pajamas have long sleeves with rib knit cuffs, a partial front opening with right over left six-button closure, and two patch pockets at the waist. The lower portion of the pajamas extends to the ankles and each leg is finished with a rib knit cuff.

In each case, the scrunchie will be attached to the garment by Swift-Tac, and will remain with the garment until retail sale. The sleepwear and attached scrunchies will be classified as separate articles.

The applicable subheading for all of the above sleepwear garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgowns of cotton. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for all of the scrunchies will be 6117.80.9005, harmonized Tariff Schedule of the United States (HTS), which provides for knit parts and accessories of apparel.

The sleepwear falls within the textile category designation 351; the scrunchies do not fall within any textile category designation. Based upon international textile trade agreements, garments imported from Singapore 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Roger J. Silvestri
Director

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