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NY C82525




January 21, 1998

CLA-2-61:RR:NC:WA:361 C82525

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Rebecca Cheung
Ann Taylor global Sourcing, Inc.
142 West 57th Street
New York, NY 10019

RE: The tariff classification of a woman's nightdress, pajamas and pajama separates from Hong Kong.

Dear Ms. Cheung:

In your letter dated December 19, 1997, you requested a tariff classification ruling for a woman's nightdress, and a pair of woman's pajamas that may be imported either in equal quantities, or as separates. The samples are being returned, as you requested.

Style (KZ)2254 is a woman's chemise styled nightdress of 83% cotton, 17% polyester light weight jacquard knit fabric. The nightdress extends to approximately mid thigh, and features spaghetti straps, a scoop neckline, and a plain, hemmed bottom.

Style (KZ)2252 is a ladies pajama top of 83% cotton, 17% polyester light weight jacquard knit fabric. The waist length top features spaghetti straps, a low scoop neckline, and plain hemmed bottom.

Style (KZ)2255 is a ladies pajama boxer bottom of 83% cotton, 17% polyester light weight jacquard knit fabric. The pajama shorts feature a one-inch enclosed elasticized waistband, and plain hemmed bottom. Styles (KZ)2252 and (KZ)2255 will be imported in two ways: in equal quantities of tops and bottoms, match as to color and size on a single shipment; and in separate, unmatched pieces.

You have also provided information to indicate that the garments were designed, and will be marketed and sold as sleepwear in the "intimates" section of the Ann Taylor stores.

The applicable subheading for the nightdress, and for the pajamas when imported in equal quantities of tops and bottoms on the same shipments 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 8.8 percent ad valorem.

The applicable subheading for the pajama tops and bottoms imported as separates will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.8 percent ad valorem.

The nightdress and pajamas, when imported in equal quantities fall within the textile category designation 351; the pajama separates fall within the textile category designation 350. Based upon international textile trade agreements, garments imported from Hong Kong 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 Part 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,

Robert B. Swierupski
Director,

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