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May 13, 1999

CLA-2-61:RR:NC:WA:361 E80849

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Kathy Brennan
Supervisor, Customs Compliance
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of women’s knit pajama separates from Macau.

Dear Ms. Brennan:

In your letter dated April 12, 1999, you requested a classification ruling for women’s knit pajama separates. The samples are being returned, as you requested.

The pajama tops will be imported in three size ranges, under style numbers 045-0082 (regular), 045-0083(petite) and 045-0084(tall). The pajama tops are constructed from 100% cotton thermal knit fabric and feature a rounded neckline; a full front opening with snap closure; long hemmed sleeves and a hemmed bottom.

The pajama bottoms will also imported in three size ranges, under style numbers 045-0100 (regular), 045-0101(petite) and 045-0102(tall). The pull-on pajama bottoms are constructed from 100% cotton thermal knit fabric and feature an elasticized waistband; and hemmed leg openings.

You have indicated that these garments will be sold only by catalogue, and will be described as mix and match sleepwear separates in the catalogue section dedicated to bathrobes, pajamas and other nightwear items. This is consistent with advertisements in prior catalogues. Based on the garments themselves, as well as the additional information you have provided, the garments are sleepwear. You have also 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, 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 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 Macau 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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