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NY C89498


July 9, 1998

CLA-2-61:RR:NC:WA:361 C89498

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 women's pajama separates from Hong Kong.

Dear Ms. Cheung:

In your letter dated June 18, 1998, you requested a tariff classification ruling for women's pajamas that may be imported either in equal quantities, or as separates. The samples are being returned, as you requested.

Style KZ6026 is a woman's pajama top of 100% cotton light weight pointelle knit fabric. The waist length top features spaghetti straps, a v-
neckline in the front, with the back cut straight across from side seam to side seam, and a hemmed bottom. The straps, neckline and back trim are of satin woven fabric.

Style 21-21770 is a women's boxer styled pajama bottom of 100% cotton, light weight pointelle knit fabric. The pajama bottoms feature a 1/2 inch enclosed elasticized waistband, and a hemmed bottom. Styles KZ6026 and 21-

21770 will be sold as part of a mix and match grouping. They will be imported in two ways: in equal quantities of tops and bottoms on a single shipment; and as 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 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 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 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,


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