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March 26, 1999

CLA-2-61:RR:NC:WA:361 D88675

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Lavinia Chan
Imports
J. Crew Group, Inc.
770 Broadway
New York, NY 10003

RE: The tariff classification of three women’s knit garments from Hong Kong.

Dear Ms. Chan:

In your letter dated February 22, 1999, you requested a classification ruling for a woman’s knit pajama top and two pajama bottoms. The samples are being returned, as you requested.

Style 22343 is a woman’s tank top styled pajama top of 100% cotton knit fabric. The top has shoulder straps; a U-shaped neckline in front and back; a partial front opening with right over left snap closure; and a hemmed bottom.

Style 20908 is a woman’s pajama shorts of 100% cotton knit fabric. The shorts have a drawstring waistband; a fly front opening with a 5 snap left over right closure; and a hemmed bottom

Style 20909 is a woman’s pajama pant of 100% cotton knit fabric. The pants have a drawstring waistband; a fly front opening with a 5 snap left over right closure; and a hemmed bottom

Notwithstanding the direction of the closure on the pants and shorts, you have shown that the garments are cut for a woman, in accordance with chapter 61, note 9, and therefore, both garments are considered to be for women.

You have indicated that these garments will be advertised as sleepwear. In a recent J. Crew catalogue, similarly styled items are advertised in the sleepwear section, in a mix and match grouping. Therefore, based on the appearance of the garments themselves, as well as the advertising of substantially similar items, the garments are considered sleepwear, classified in heading 6108.

If imported 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.

If 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.

If imported with equal numbers of matching pajama tops and bottoms, the pajamas 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
Director,

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