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NY C88212


June 19, 1998

CLA-2-61:RR:NC:WA:361 C88212

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Gail T. Cumins

Sharretts, Paley, Carter & Blauvelt, P.C.

67 Broad Street

New York, N.Y. 10004

RE: The tariff classification of women's pajama separates from Turkey and Taiwan.

Dear Ms. Cumins:

In your letter dated May 20, 1998, you requested a tariff classification ruling for women's pajama separates on behalf of United Retail Group, Inc. The samples are being returned, as you requested.

Styles 3101 and 4101 are sleepwear coordinates to be imported from Turkey. They are constructed from 65% cotton and 35% polyester lightweight jersey knit fabric. Style 3101, the top, is a pullover and features a crew neckline, short sleeves, three buttons simulating an opening, and a plain hemmed bottom. Style 4101, the pajama bottoms, are pull-on shorts with a covered elasticized waistband and a plain, hemmed bottom.

Styles 3203 and 5203 are sleepwear coordinates to be imported from Taiwan. They are constructed from 65% cotton and 35% polyester lightweight rib knit fabric. Style 3203, the top, is a pullover and features a modified v-neckline, short sleeves, and a plain hemmed bottom. Style 5203, the pajama bottoms, are pull-on pants with a covered elasticized waistband and a plain, hemmed bottom.

You have also provided information to indicate that the garments were designed, and will be marketed and sold in the "sleepwear" section of The Avenue and Sizes Unlimited stores.

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 Turkey and Taiwan 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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