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NY F80946




January 24, 2000

CLA-2-61:RR:NC:WA:361 F80946

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. Tim Sheldon
Manager of Import Operations
Talbots
175 Beal Street
Hingham, Mass. 02043

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

Dear Mr. Sheldon:

In your letter dated December 15, 1999, you requested a classification ruling for a woman’s knit three-piece pajama set. As you have requested, these garments are being returned to you.

Styles 04103927 and 04103927P are women’s three-piece pajama sets of 100% cotton lightweight knit fabric. The three pieces consist of a long sleeve cardigan styled 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 button closure; long hemmed sleeves; patch pockets at the waist; and a hemmed bottom. The tank styled top has 3¼-inch shoulder straps; a u-shaped neckline in front and back; and a hemmed bottom with two-inch side slits. The pull-on pajama bottoms have a ½ inch elasticized waistband; 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 styles 04103927 and 04103927P 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 8.7 percent ad valorem. The applicable subheading for the cardigan styled top of styles 04103927 and 04103927P 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 8.7 percent ad valorem.

The tank styled pajama top and the pajama bottom of styles 04103927 and 04103927P fall within the textile category designation 351; the cardigan styled top of styles 04103927 and 04103927P falls within the textile category designation 350. Based upon international textile trade agreements, garments imported from the Hong Kong 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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