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NY D84860




December 18, 1998

CLA-2-61:RR:NC:WA:361 D84860

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Dana Mobley
Customs Analyst
JC Penney Purchasing Corp.
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of women's pajamas from Sri Lanka.

Dear Ms. Mobley:

In your letter dated November 13, 1998, you requested a tariff classification ruling for two pair of women's pajamas. The samples are being returned, as you requested.

Style 13-1392A is a pair of women's pajamas constructed from 100% cotton lightweight knit fabric. The pullover top is sleeveless and features a V-neckline and a hemmed bottom. The pajama bottoms are pull-on shorts with a covered elastic waistband with a simulated drawstring tightening.

Style 13-1392B is a pair of women's pajamas constructed from 100% cotton lightweight knit fabric. The pullover top features short sleeve, V-neckline and a hemmed bottom. The pajama bottoms are pull-on shorts with a covered elastic waistband.

Based on the information you submitted, the garments are designed as sleepwear, and will be sold to the ultimate consumer as such.

The applicable subheading for both styles 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 rate of duty will remain the same in 1999.

Both styles fall within the textile category designation 351. Based upon international textile trade agreements, garments imported from Sri Lanka 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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