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April 30, 1999

CLA-2-61:RR:NC:WA:361 D89386

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Alison M. Baron
Sharretts, Paley, Carter & Baluvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of three women’s knit garments from Macau, Sri Lanka or Dubai (U.A.E.).

Dear Ms. Baron:

In your letter dated March 18, 1999, you requested a classification ruling for a woman’s knit pajama top, pajama bottoms, and a robe on behalf of O’Bryan Brothers, Inc. The samples are being returned, as you requested.

Style R10030 is a woman’s pajama top of 60% cotton, 40% polyester knit fabric. The pajama top has a rib knit collar; long hemmed sleeves; a full front opening with button closure; and a hemmed bottom with side slits.

Style R70110 is a woman’s pajama pant of 60% cotton, 40% polyester knit fabric. The pants have an elasticized waistband with a drawstring; and rib knit cuffs.

Style R60004 is a woman’s wrap robe of 60% cotton, 40% polyester knit fabric. The robe, which extends below the knee, has a collar; long hemmed sleeves; a full front opening; belt loops; and a hemmed bottom. The robe also has a belt made from the same fabric as the robe. The belt and robe are considered a composite good, classified under the Harmonized Tariff Schedule of the United States (HTS), number as well as quota category for robes.

You have indicated that although the pajama tops and bottoms will be sold as sleepwear separates at retail, they may be imported in equal quantities of matching tops and bottoms. If imported in shipments containing equal numbers (pairs) of matching pajama tops and bottoms (styles R10030 and R70110) 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 and bottoms (styles R10030 and R70110) 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 applicable subheading for style R60004 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...bathrobes 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 and the robe fall within the textile category designation 350. Based upon international textile trade agreements, garments imported from Macau, Sri Lanka and Dubai (U.A.E.) 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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