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NY E85441




August 16, 1999

CLA-2-61:RR:NC:WA:361 E85441

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

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

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

Dear Ms. Baron:

This ruling replaces our previous ruling NY E82414 that was issued to you on June 23, 1999. You have requested a correction to the fiber content for the submitted garments. The fiber content is 70% polyester, 30% cotton, rather than 70% cotton, 30% polyester as indicated in that ruling. The ruling pertains to the tariff classification request on behalf of O’Bryan Brothers.

In your letter dated May 19, 1999, you requested a classification ruling for a woman’s knit pajama top, pajama bottom, nightshirt, and a robe on behalf of O’Bryan Brothers, Inc. The samples are being returned, as you requested.

All of the garments are constructed from a pile knit fabric that is 70% polyester, 30% cotton.

Style R40040 is a woman’s pajama top that features a rounded neckline; long sleeves; a full front opening with snap closure; and a hemmed bottom. The neckline and front opening are trimmed with satin fabric.

Style R70140 is a woman’s pajama pant that features an elasticized waistband with a drawstring; and hemmed leg openings.

Style R10020 is a woman’s knee length nightshirt that features a shirt collar; long sleeves; a full front opening with button closure; one chest pocket; and a hemmed shirttail bottom.

Style R40050 is a woman’s full length wrap robe that features a collar; long sleeves; a full front opening; belt loops; an in-seam pockets on each side below the waist; and a hemmed bottom. The robe has satin trim around the front opening and sleeve cuffs. The robe also has a belt made from the same fabric as the robe. The belt and robe will be imported and sold together, and 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 R40040 and R70140) 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.

If imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms (styles R40040 and R70140) 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.

The applicable subheading for style R10020 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses of man-made fibers. The rate of duty will be 16.5 percent ad valorem.

The applicable subheading for style R40050 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...bathrobes and similar articles of man-made fibers. The rate of duty will be 16.5 percent ad valorem.

If imported with equal numbers of matching pajama tops and bottoms, the pajamas (styles R40040 and R70140) fall within the textile category designation 651; the pajama separates (styles R40040 and R70140) each fall within the textile category designation 650; style R10020 falls within textile category 651; style R40050 falls within textile category 650. 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 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

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