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NY E84485




August 5, 1999

CLA-2-61:RR:NC:WA:361 E84485

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Ms. Elizabeth Hodur
Classification Specialist
Warnaco Inc.
90 Park Avenue
New York, NY 10016

RE: The tariff classification of women’s knit sleep separates from China, Sri Lanka or the Philippines.

Dear Ms. Hodur:

In your letter dated July 14, 1999, you requested a classification ruling for women’s knit sleep separates. The samples are being returned, as you requested.

The submitted garments are a group of mix and match sleep separates, and a nightgown. The garments are all made from the same fabric which is 100% nylon pointelle knit.

Style 26f226 is a nightgown. It has adjustable, elasticized, shoulder straps; a picot edged v-neckline; and hemmed bottom. The nightgown extends approximately to mid-thigh.

Style 26f228 is a woman’s capri length pajama bottom. The pull-on pants have a ½ inch covered elasticized waistband; and hemmed leg openings.

Style 26f227 is a woman’s camisole styled pajama top. The top has adjustable elasticized shoulder straps; a picot edged v-neckline; and hemmed bottom.

Style 26f229 is a woman’s pajama bottom. The pull-on pajama shorts have a ½ inch elasticized waistband covered on the outside; and hemmed leg openings.

You have indicated that the submitted matching garments will be sold as sleepwear separates. They are sized for a comfortable fit, and, based on the appearance of the garments, they are considered to be sleepwear. Since you have not indicated whether or not the garments will be imported in equal quantities of matching pajama tops and bottoms, the classification information provided below covers both circumstances.

The applicable subheading for style 26f226 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdressesof man-made fibers. The rate of duty will be 16.5 percent ad valorem.

For styles 26f228, 26f227, and 26f229, if imported in shipments containing equal numbers (pairs) of matching pajama tops and bottoms the applicable subheading for the matching garments will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of man-made fibers. The rate of duty will be 16.5 percent ad valorem.

For styles 26f228, 26f227, and 26f229, if imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will each be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of man-made fibers. The rate of duty will be 16.5 percent ad valorem.

Style 26f226 falls within textile category designation 651; styles 26f228, 26f227, and 26f229, if imported in equal numbers of matching pajama tops and bottoms, the pajamas fall within the textile category designation 651; styles 26f228, 26f227, and 26f229, imported separately, or without a matching component each fall within the textile category designation 650. Based upon international textile trade agreements, garments imported from China, Sri Lanka and the Philippines are subject to a visa requirement and quota restraints.

The designated textile and apparel categories and their quota and visa status 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 also 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. 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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