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June 3, 1999

CLA-2-61:RR:NC:WA:361 E80475

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Teresa Raffa
Customs Specialist
AMC
1440 Broadway
New York, NY 10018

RE: The tariff classification of women’s knit pajamas from Taiwan.

Dear Ms. Raffa:

In your letter received of April 15, 1999, you requested a classification ruling for women’s pajamas and nightgowns. The samples are being returned, as you requested.

Styles 225514 (submitted) and 225502 are identical pajamas, except for the pattern used on the fabric. (The former is done in various colors of striped fabric; the latter, in a print.) The pajamas are constructed from 60% cotton, 40% polyester knit fabric. The pajama tops have a banded collar; long sleeves with a rib knit cuff; a kangaroo pocket; and a rib knit bottom. The pull-on pajama bottoms have an elasticized and drawstring waistband; and a rib knit cuff at the leg openings.

Styles 22555 (submitted), 22556, and 21825 are identical nightgowns, except for the pattern used on the fabric. (Styles 22555 is done in a striped fabric; style 22556 is in a print; and 21825 is in a solid fabric.) The nightgowns are constructed from 60% cotton, 40% polyester knit fabric. The full length nightgowns have a banded collar; a partial placket opening with five button closure; long sleeves with a rib knit cuff; a kangaroo pocket; and a hemmed bottom with side slits extending upward from the bottom approximately fourteen inches. Supporting the appearance of the submitted samples, you have provided information to indicate that the pajamas and nightgowns were designed, and will be marketed and sold as sleepwear.

The applicable subheading for both the pajamas and nightgowns will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s...nightdresses, and pajamas of cotton. The rate of duty will be 8.8 percent ad valorem.

The pajamas and nightgowns fall within textile category 351. Based upon international textile trade agreements, products of Taiwan 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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