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NY E84286




August 26, 1999

CLA-2-61-DD:C:D:I01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030, 6108.31.0010

Ms. Rachel Acuff
Classification Specialist
Wal Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The classification of women’s garments from a country yet to be determined.

Dear Ms. Acuff:

In your letter dated June 29, 1999, you requested a tariff classification ruling.

Vendor Stock number 213052 are women’s 100% cotton knitted garments consisting of three pieces, a pair of pajamas and a pajama separate. The pajamas feature a pajama top with a scoop neck, a full frontal opening with five button closures, short hemmed sleeves, two simulated front pockets and a straight hemmed bottom. The pajama bottoms feature a partially elasticized waistband in the rear, long legs straight hemmed at the ankles. The additional piece, a pajama separate, extends from the shoulders to just below the waist and features straps just under a half-inch in width a slight scoop neck in front and a straight back beginning at the underarm and a straight hemmed bottom.

Your samples are returned as requested.

The applicable subheading for the pajama top and bottoms will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas and similar articles, knitted or crocheted: Nightdresses and pajamas: Of cotton: Women’s. The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for the pajama separate will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamasand similar articles, knitted or crocheted: Other: Of cotton: Other: Women’s. The rate of duty will be 8.8 percent ad valorem.

The pajamas fall within textile category designation 351. The pajama separate falls within textile category designation 350. Since the country of origin is unknown at this time, based upon international textile trade agreements, this merchandise may be subject to quota and the requirements of a visa.

The designated textile and apparel categories and their quota and visa status (if applicable) are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Victor G. Weeren
Port Director
Boston, Massachusetts

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