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NY C85856




April 15, 1998

CLA-2-61:RR:NC:WA:361 C85856

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. Irwin A. Seltzer
H. Z. Bernstein Co., Inc.
2975 Kennedy Blvd.
Jersey City, New Jersey 07306

RE: The classification of women's knit nightgown and pajama separates from Turkey.

Dear Mr. Seltzer:

In your letter dated February 23, 1998, with additional information provided on March 26, 1998, you requested a classification ruling for five knit garments for women, on behalf of Big M, Inc. The samples are being returned, as you requested.

The submitted samples are all constructed from light weight rib knit fabric, and will be imported in three colors - white, black, and heather grey. The black and white garments will be made from 100% cotton fabric, and the heather grey will be in chief weight of cotton, but will contain some polyester. Each of the garments features a rosebud ornament.

Style 2066 is a pullover pajama top that features a V-neckline, short sleeves, and a plain, hemmed bottom. The garment does not reach the waist.

Style 2067 is a sleeveless pullover pajama top that features 1/4 inch shoulder straps and a plain, hemmed bottom. The garment extends past the waist.

Style 2068 is a shorty pajama bottom. The garment features a covered elasticized waistband, and hemmed leg openings. The shorts extend just to the upper thigh.

Style 2071 is a bikini styled pajama bottom. The garment features a covered, elasticized waistband and leg openings.

Style 2070 is a tank styled nightgown. It features 1/4 inch shoulder straps, and a plain, hemmed bottom. It extends approximately to the mid thigh.

You noted in your request that these garments are designed as sleepwear and will be sold in Mandees Stores "Lingerie/Sleepwear" department. You have also indicated that the rationale behind selling mix and match sleepwear for Mandees Stores is to appeal to a wider range of customers.

The applicable subheading for style 2070, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls...nightdresses...knitted or crocheted, of cotton. The rate of duty will be 8.8 percent ad valorem.

When imported together in shipments containing matching equal numbers of tops (styles 2066 and/or 2067) and bottoms (styles 2068 and/or 2071), these garments are classified as women's cotton knitted pajamas in subheading 6108.31.0010, HTSUSA, textile category 351 and dutiable at 8.8 percent ad valorem.

When imported separately, or as unmatched extras in a shipment, styles 2066, 2067, 2068, and 2071 are classifiable as similar articles in subheading 6108.91.0030, HTSUSA textile category 350, and dutiable at 8.8 ad valorem.

Style 2070, and the pajama tops and bottoms when imported in equal quantities fall within textile category designation 351; styles 2066, 2067, 2068 and 2070, when imported separately or as unmatched extras fall within textile category designation 350. Based upon international textile trade agreements, products of Turkey 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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