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NY B85758




June 12, 1997

CLA-2-62:RR:NC:TA:360 B85758

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6109.10.0060

Ms. Gretchen H. Zink
Talbots
175 Beal Street
Hingham, MA 02043

RE: The tariff classification of a woman's tank top and pajamas from Macau

Dear Ms. Zink:

In your letter dated May 21, 1997, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 81103750 (missy) and 81103750p (petite) consists of a pair of pajamas and a tank top. The pajamas are constructed from 100 percent cotton yarn-dyed fabric and the tank top is constructed from 100 percent cotton rib knit fabric.

The pajama top features long sleeves, a collar, lapels, two patch pockets below the waist, side vents and a full front opening secured by four buttons. The pajama bottom features an elasticized, drawstring waist and long hemmed legs. The pajamas will also be imported in a grid pattern under style numbers 81103751 (missy) and 81103751p (petite).

The tank top features a v-neckline in front, a u-neckline in back and shoulder straps of less than 2 inches in width. The garment also has lace trim around the neckline and a heart applique.

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 9.3 percent ad valorem.

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for t-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women's or girls': other: tank tops: women's. The duty rate will be 19.6 percent ad valorem.

The pajamas falls within textile category designation 351 and the tank top falls within textile category 339. Based upon international textile trade agreements products of Macau 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 Part 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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