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April 1, 1999

CLA-2-61:RR:NC:WA:361 D88472

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 and nightgowns from Israel.

Dear Ms. Mobley:

In your letter dated February 23, 1999, you requested a tariff classification ruling for three styles of women’s sleepwear. The samples you submitted with the request are being retained by this office.

The first sample, a nightgown, has retail style number 112-3580 and catalogue style number 112-5079. The ankle length, sleeveless nightgown is constructed from 100% cotton knit lightweight fabric and has shoulder straps; a cross-over front neckline; u-shaped back neckline; and a hemmed bottom. The neckline and armholes are trimmed with 1/4 inch elastic with the word “delicates” repeated along the length of the trim.

The second sample, also a nightgown, has retail style number 112-3581 and catalogue style numbers 112-5111 (women’s sizes) and 112-5103 (missy sizes). The ankle length nightgown is constructed from 100% cotton knit lightweight fabric and has a v-shaped neckline; short hemmed sleeves; and a hemmed bottom. The neckline is trimmed with 1/4 inch elastic with the word “delicates” repeated along the length of the trim.

The third sample, a pair of pajamas, has retail style number 112-3583 and catalogue style number 112-5061. The pajamas consist of a sleeveless top and short pajama bottoms, both constructed from 100% cotton knit lightweight fabric. The pajama tops have a rounded capped neckline; capped armhole openings; and a hemmed bottom. The pull-on shorts have a one-inch exposed elasticized waistband; and hemmed leg openings. The waistband has the word “delicates” repeated along its length.

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

The applicable subheading for the three styles will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ...nightdresses, pajamas...and similar articles, knitted or crocheted, of cotton. The rate of duty will be 8.8 percent ad valorem.

The three styles fall within the textile category designation 351. Based upon international textile trade agreements, garments imported from Israel are not presently 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
Director,

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