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NY E86656




December 6, 1999

CLA-2-61:RR:NC:WA:361 E86656

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Cindy Scott
Customs Compliance/Regulatory Affairs
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of women’s knit sleepwear separates from Taiwan.

Dear Ms. Scott:

In your letter dated August 25, 1999, you requested a classification ruling for women’s knit sleep separates on behalf of Meijer Inc. As you have requested, these garments are being returned to you.

Four mix and match sleep separates have been submitted. They are constructed from 100% cotton lightweight knit fabric. You have indicated that these garments will be imported in sets of matching tops and bottoms, and that they will be marketed and sold at retail as sleepwear separates.

Style 733640 is a tank styled pajama top. It has ¼ inch shoulder straps; a satin trimmed U-shaped neckline in front and back; and a hemmed bottom.

Style 733639 is a pullover styled pajama top. It has ¾ length sleeves; a boat neckline with satin trim; and a hemmed bottom.

Style 733642 is a pajama short with a ¼ inch elasticized waistband and hemmed leg openings.

Style 733643 is a pajama pant with a ¼ inch elasticized and drawstring waistband, and hemmed leg openings.

Based on the garments’ appearance, as well as the manner in which they will be marketed, they are considered sleepwear. Since they will be imported in equal numbers of matching tops and bottoms, they will be classified as pajamas.

The applicable subheading for the pajamas 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 rate of duty as of January 1, 2000 will be 8.7 percent ad valorem.

The pajamas fall within the textile category designation 351. Based upon international textile trade agreements, garments imported from the Taiwan 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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