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April 1, 1999

CLA-2-61:RR:NC:WA:361 D88481

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Wendy Toner
Product Development Manager
Cerie Intimates
36 Nathan lane
Plymouth, MN 55441

RE: The tariff classification of women’s knit nightgown and pajamas from China.

Dear Ms. Toner:

In your letter of February 23, 1999, you requested a classification ruling for styles 107-1011 and 107-1008. The samples are being returned, as you requested.

Style 107-1011 is a woman’s knit pajama set constructed from 100% polyester “burnout” fabric. The pajama tops have a shirt collar; a full front opening with button closure; long hemmed sleeves; and a hemmed bottom with side slits. The pull-on pajama pants have an elasticized waistband and hemmed leg openings.

Style 107-1008 is a woman’s knit nightgown constructed from 100% polyester “burnout” fabric. The nightgown has adjustable spaghetti straps; a v-neckline; and a hemmed bottom.

Based on the appearance of the garments, as well as the marketing information submitted, both styles are considered sleepwear.

The applicable subheading for both styles will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s...nightdresses, pajamas...knitted or crocheted, of man-made fibers. The rate of duty will be 16.5 percent ad valorem.

Both styles fall within textile category 651. Based upon international textile trade agreements, products of China 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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