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March 24, 1999

CLA-2-61:RR:NC:WA:361 D87636

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 a woman's knit pajama top from Hong Kong.

Dear Ms. Baron:

In your letter dated February 8, 1999, you requested a tariff classification ruling for a woman’s pajama top on behalf of SBH Intimates. Per our telephone conversation of March 1, 1999, the sample is being retained by this office.

The submitted sample, style XIS-047 is constructed from 100% cotton rib knit fabric. The tank top styled pajama top has 1.75 inch shoulder straps; a U-shaped neckline in front and back; elasticized capping around the neckline and armholes; and a hemmed bottom.

The submitted garment will be imported with matching pajama bottoms, or separately. This garment is part of a “mix and match” pajama grouping and will be sold with other tops and bottoms previously classified as pajamas, pajama separates, and nightgowns. The information you have provided indicates that the garments were designed, and will be marketed and sold as sleepwear.

When imported with matching pajama bottoms 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 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.

When imported with equal numbers of matching pajama bottoms, the pajamas fall within the textile category designation 351; the pajama top 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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