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NY C84818




March 25, 1998

CLA-2-62:RR:NC:TA:360 C84818

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030; 6208.91.3010

William A. Vollmerhausen
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of women's knit and woven pajama bottoms from Taiwan

Dear Mr. Vollmerhausen:

In your letter dated February 20, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Three styles of women's lower body garments designated as styles 6054, 6065 and 6087 were submitted with your request. The garments are amply sized and will be sold as sleepwear separates.

Styles 6054 and 6065 are constructed from 100 percent cotton woven yarn dyed flannel fabric. Both garments feature an exposed, contrasting colored elasticized waistband. Style 6065 is a pull-on boxer style short. Style 6065 is a long, pull-on pajama bottom. Style 6087 is a pull-on boxer style short constructed from 100 percent cotton knitted fabric. It features an exposed elasticized waistband with a simulated fly front.

The applicable subheading for style 6087 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 applicable subheading for styles 6054 and 6065 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's nightdresses, pajamas...and similar articles: of cotton. The duty rate will be 11.7 percent ad valorem.

Style 6087 falls within textile category designation 350; styles 6054 and 6065 fall within category 352. Based upon international textile trade agreements products of Taiwan 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,

Robert B. Swierupski
Director,

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