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NY A88741





November 22, 1996

CLA-2-61:RR:NC:WA:N5:356 A88741

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0010; 6107.91.0030

Mr. Eric Silver
J. W. E. Silk Inc.
5 West 37th Street
New York, NY 10018

RE: The tariff classification of men's knit garments from the People's Republic of China.

Dear Mr. Silver:

In your letter dated October 9, 1996, which was received by this office on October 22, 1996, you requested a tariff classification ruling.

Style PKT9000 is a pair of men's pajamas consisting of a Henley style top and a pair of knit pants. You have stated in your correspondence that the pajamas will be numbered, packaged, priced, and sold as a set.

The pajamas are constructed from 100 percent cotton, finely knit fabric which has an all-over screen print design. The top features a round neckline; a partial front opening with three button closures; short sleeves; a pocket on the left chest; and a straight hemmed bottom. The pants feature a fabric covered, tunnel elastic waistband; an open fly front; a rear patch pocket; and elastic cuffs at the ankles.

Style BKT9000 is a pair of men's sleep shorts which are constructed from 100 percent cotton, finely knit fabric which has an all-over screen print design. The garment features a fabric covered tunnel, elastic waistband; an open fly front; and hemmed leg openings.

The applicable subheading for Style PKT9000 will be 6107.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... nightshirts and pajamas ... knitted or crocheted: nightshirts and pajamas: of cotton: men's. The duty rate will be 9.4 percent ad valorem.

The applicable subheading for Style BKT9000 will be 6107.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... pajamas ... and similar articles, knitted or crocheted: other: of cotton: sleepwear. The duty rate will be 9.2 percent ad valorem.

Styles PKT9000 and BKT9000 fall within textile category designation 351. Based upon international textile trade agreements, products of the People's Republic of China are subject to visa requirements 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,

Roger J. Silvestri

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