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NY E87594




November 2, 1999

CLA-2-61:RR:NC:WA:361 E87594

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Teresa A. Raffa
Customs Analyst
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018

RE: The tariff classification of four women’s knit garments from Sri Lanka.

Dear Ms. Raffa:

In your letter dated September 17, 1999, you requested a classification ruling for a woman’s knit pajama top, two pajama bottoms, and a nightshirt. The samples are being returned, as you requested.

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

Style 32766 is a woman’s tank styled pajama top that has a u-shaped neckline; a partial front opening with two snap closure; and a hemmed bottom. The armholes and neckline are finished with a ¼ inch satin trim.

Style 32769 is a woman’s pajama short that features an elasticized waistband with a drawstring; a back patch pocket with a snap closure; a false fly; and hemmed leg openings.

Style 32770 is a woman’s pajama pant that features an elasticized waistband with a drawstring; a back patch pocket with a snap closure; a false fly; and hemmed leg openings.

Style 32772 is a woman’s knee length nightshirt that features a rounded neckline, short sleeves, a partial front opening with a four snap closure; and a hemmed bottom with slits at each side extending upward approximately four inches. The neckline and sleeves are finished with ¼ inch satin trim.

You have indicated that these garments will be sold in the intimate apparel departments of Dayton Department Stores. Based both on the appearance of the garments, as well as the manner in which they will be merchandised, these items are considered sleepwear, classified in heading 6108.

Although you have indicated that these garments are sleep separates, you have not stated whether they will be imported in sets, or whether they will be shipped separately. Therefore, the classification information provided below covers both circumstances.

If imported in shipments containing equal numbers (pairs) of matching pajama tops and bottoms (styles 32766, and 32769 or 32770) 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 32766, 32769 and 32770) 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.

The applicable subheading for style 32772 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 with equal numbers of matching pajama tops and bottoms, the pajamas (styles 32766, and 32769 or 32770) fall within the textile category designation 351; the pajama separates (styles 32766, 32769 and 32770) each fall within the textile category designation 350; style 32772 falls within textile category 351. Based on international textile trade agreements, garments imported from Sri Lanka 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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