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NY E89416




November 19, 1999

CLA-2-61:RR:NC:WA:361 E89416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. Robert T. Stack
Tompkins & Davidson, LLP
Counselors at Law
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a woman’s knit three piece pajama set from Thailand.

Dear Mr. Stack:

In your letter dated November 3, 1999, you requested a classification ruling for a woman’s knit three-piece pajama set on behalf of Bentley Lingerie, Inc. As you have requested, these garments are being returned to you.

Style 1114APKK is a woman’s three-piece pajama set of 60% cotton, 40% polyester knit fabric. The three pieces consist of a long sleeve top, a tank styled top, and a pajama bottom. You have indicated that these items will be bought and sold as a three piece set.

The cardigan styled top has a v-neckline; a full front opening with hook and eye closure; long hemmed sleeves; and a hemmed bottom. The camisole styled top has ¼ inch shoulder straps; a square shaped neckline in front and back; and a hemmed bottom. The pull-on pajama bottoms have a ½ inch elasticized waistband with a drawstring; and hemmed leg openings. Based on the appearance of the garments, as well as the manner in which they will be merchandised, they are considered articles of intimate apparel. The tank styled top and pajama bottoms will be classified as pajamas; the cardigan styled top is considered a bed jacket, and classified as a robe.

The applicable subheading for the tank styled pajama top and the pajama bottoms of style 1114APKK 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. The applicable subheading for the cardigan styled top of style 1114APKK will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...bathrobes and similar articles of cotton. The rate of duty will be 8.8 percent ad valorem.

The tank styled pajama top and the pajama bottom of style 1114APKK fall within the textile category designation 351; the cardigan styled top of style 1114APKK falls within the textile category designation 350. Based upon international textile trade agreements, garments imported from the Thailand are subject to a visa requirement.

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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