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March 4, 1999

CLA-2-61:RR:NC:WA:361 D87391

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 Hong Kong.

Dear Ms. Baron:

In your letter dated January 29, 1999, you requested a tariff classification ruling for women’s pajama separates on behalf of SHB Intimates. Per our telephone conversation of March 1, 1999, the samples are being retained by this office.

The submitted samples, styles XIS-041, XIS-052, XIS-056, XIS-057, and XIS-059, are all part of a “mix and match” sleepwear group. The garments are constructed from 100% cotton rib knit fabric, and will be imported in various colors and prints.
o Style XIS-041 is a pull-on pajama bottom with a 1/2 inch elasticized waistband; o Style XIS-052 is a pullover styled pajama top with a V-neckline, short sleeves, and hemmed bottom; o Style XIS-056 is a pullover styled pajama top with a rounded neckline, long raglan sleeves, and a hemmed bottom; o Style XIS-057 is a pullover styled pajama top with a rounded neckline, long sleeves and a hemmed bottom. One sleeve has a small pocket approximately four inches from the shoulder seam; o Style XIS-059 is an ankle length nightgown with a rounded collar, a three snap opening with right over left closure, long sleeves with rib knit cuffs, and a hemmed bottom.

The appearance of the garments themselves, as well as 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 212-637-7029.

Sincerely,

Robert B. Swierupski

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