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NY D82483




September 17, 1998

CLA-2-61:RR:NC:WA:361 D82483

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, N.Y. 10004

RE: The tariff classification of women's pajama separates from Hong Kong.

Dear Ms. Baron:

This letter replaces ruling letter D81045 issued to you on August 31, 1998. You have indicated that the interested party to importation is to SBH Intimates, and not Jacques Moret, Inc., as originally stated.

Styles TT03 and TT01 are sleepwear coordinates to be imported from Hong Kong. They are constructed from 100% cotton lightweight rib knit fabric. Style TT03, the top, is a pullover and features a v-neckline, short sleeves, and a plain hemmed bottom. Style TT01, the pajama bottoms, are pull-on shorts with a covered elasticized waistband, a false fly, and a plain, hemmed bottom.

Both the appearance of the garments themselves, and the additional information you have provided indicate that the garments were designed, and will be marketed and sold as sleepwear.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.8 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms 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 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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