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NY B89724




October 16, 1997

CLA-2-62:RR:NC:3:TA:355 B89724

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.29.1000; 6207.99.7020

Ms. Rebecca Cheung
Federated Product Development
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of men's woven silk pajamas from China.

Dear Ms. Cheung:

In your letter dated September 19, 1997, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples. Style 1178537 (same as 1358537), is a 100% printed silk woven man's pajama top. The shirt features short sleeves, a collar, a full frontal opening with a seven button closure, a breast pocket and a curved hemmed bottom. Style 1188537 (same as 1368537), is a 100% printed silk woven pajama pants. The bottoms feature an enclosed fully elasticized waistband with a functional drawstring, an open fly front with a one button closure, side slash pockets, a back pocket and hemmed bottoms. Style 1198537 (same as 1378537), is a 100% printed silk woven man's pajama short. The bottoms feature an enclosed fully elasticized waistband with a functional drawstring, a one buttoned fly front, side slash pockets, a back pocket and hemmed bottoms.

You state in your ruling request that the pajama tops and bottoms will be imported together in single shipments of equal numbers of tops and bottoms that match in design, color and sizes. When imported in single shipments of equal numbers of tops and bottoms that match in design and size the tops and bottoms will be classified as pajamas under 6207.29.1000. If, however, unequal numbers of tops and bottoms are imported together, the odd tops or bottoms without a matching piece will be classified under 6207.99.7020 as other sleepwear.

The applicable subheading for styles 1178537, 1188537 and 1198537 (when the merchandise is imported together in a single shipment of equal numbers of tops and bottoms that match in design, color and sizes) will be 6207.29.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys', singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of other textile materials: containing 70% or more by weight of silk or silk waste. The duty rate will be 5.6 percent ad valorem.

The applicable subheading for styles 1178537, 1188537 and 1198537 (when the merchandise is imported in unequal numbers of tops and bottoms, the odd tops or bottoms without a matching piece) will be 6207.99.7020, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys', singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of other textile materials: containing 70% or more by weight of silk or silk waste, sleepwear. The duty rate will be 5.6 percent ad valorem.

The pajamas fall within textile category designation 751. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director, National Commodity

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