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NY F87013





June 12, 2000

CLA-2-62:RR:NC:360 F87013

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6108.91.0030

Ms. Cindi McClendon
Diversified Freight Logistics, Inc.
P.O. Box 610629
DFW Airport, TX 75261

RE: The tariff classification of a woman’s three-piece pajama set from the United Arab Emirates

Dear Ms. McClendon:

In your letter dated May 10, 2000, you requested a classification ruling on behalf of Russell Newman Mfg. Co., Inc.

The submitted sample, style 24058SL, is a woman’s three-piece pajama set consisting of knit and woven component pieces. The three garments consist of a long sleeved pajama top, a tank styled knit top and a knit pajama bottom. You have indicated that these items will be packaged for retail sale as a three piece set, carry a hangtag that identifies the garments as a "3-Piece Pajama Set" and none of the individual pieces will be available for separate purchase.

The plaid pajama top is constructed from 100 percent cotton woven fabric. It features ¾ length sleeves with turnback cuffs, a collar and lapels and a full front opening secured by five buttons. The pajama pant is constructed from 100 percent cotton knit fabric and features a partially elasticized drawstring waist and long legs. The drawstring and cuffs are of the contrasting colored woven fabric. The tank styled pajama top is constructed from 100 percent cotton knit fabric and features a scooped front and back neckline and a straight hemmed bottom. The neckline and arm openings are trimmed with the contrasting colored woven fabric.

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 woven pajama top and the knit pajama bottoms will be classified as pajamas; the tank styled pajama top will be classified as a pajama separate.

The applicable subheading for the pajamas will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas... of cotton with two or more colors in the warp and/or the filling. The duty rate will be 9.1 percent ad valorem.

The applicable subheading for the tank styled pajama top will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ similar articles, knitted or crocheted: other: of cotton: other: women’s. The duty rate will be 8.7 percent ad valorem.

The pajamas fall within textile category designation 351 and the tank styled pajama top falls within textile category designation 350. Based upon international textile trade agreements products of the United Arab Emirates are currently subject to quota restraints and a visa requirement. The tank styled pajama top is not currently subject to quota restraints but is 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.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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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