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NY E87455





October 20, 1999

CLA-2-61:RR:NC:WA:361 E87455

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Jeanette Childs
Customs Import Analyst
Sears, Roebuck and Co.
3333 Beverly Road, BC-172-A
Hoffman Estates, Illinois 60179

RE: The tariff classification of three women’s knit garments Hong Kong.

Dear Ms. Childs:

In your letter dated September 20, 1999, you requested a classification ruling for a woman’s knit pajama top, pajama bottom, and chemise styled nightdress. The samples are being returned, as you requested.

All of the garments are constructed from 100% cotton rib knit fabric.

Style s0856 is a woman’s chemise styled nightdress that has ¼ inch adjustable shoulder straps; a v-neckline in front; a partial front opening with hook and eye closure; and a hemmed bottom. The neckline and upper back are trimmed with picot edging.

Style s0857 is a woman’s camisole styled pajama top that has ¼ inch adjustable shoulder straps; a v-neckline in front; a full front opening with hook and eye closures; and a hemmed bottom. The front and back necklines are trimmed with picot edging.

Style s0858 is a woman’s pull-on pajama short that has a one-inch elasticized waistband with a drawstring; and hemmed leg openings.

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.

The applicable subheading for style s0856 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses of cotton. The rate of duty will be 8.8 percent ad valorem.

If imported in shipments containing equal numbers (pairs) of matching pajama tops and bottoms (styles s0857 and s0858) 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 (styles s0857 and s0858) will each 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.

Style s0856 falls within textile category 351. If imported with equal numbers of matching pajama tops and bottoms, the pajamas (styles s0857 and s0858) fall within the textile category designation 351. When imported as pajama separates, styles s0857 and s0858 each fall within the textile category designation 350. Based upon international textile trade agreements, garments imported from Hong Kong 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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