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February 9, 1999

CLA-2-61:RR:NC:WA:361 D86887

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 knit pajama separates from Korea.

Dear Ms. Baron:

In your letter dated January 15, 1999, you requested a tariff classification ruling for women’s pajama separates on behalf of Donna Karan Intimates, a division of Wacoal America, Inc. The samples are being returned, as you requested.

Styles 412019 and 416019 are sleepwear coordinates to be imported from Korea. They are constructed from 100% cotton lightweight fabric. Style 412019, the top, is a pullover and features a scoop neckline, cap sleeves, a small DKNY applique on the lower left, near the hem, and a hemmed bottom. Style 416019, the pajama bottoms, are pull-on shorts with a 1/4 inch covered elasticized waistband and hemmed leg openings.

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 Korea 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 212-637-7029.

Sincerely,

Robert B. Swierupski

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