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NY F87289




July 7, 2000

CLA-2-61:RR:NC:WA:361 F87289

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Barbara Grier
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The classification of two pairs of women’s pajama sets from Turkey.

Dear Ms. Grier:

In your letter dated May 8, 2000, you requested a classification ruling.

The submitted samples are described as follows:

Style #7699 - A two piece women’s knit pajama set constructed from 100% lightweight cotton fabric. The tank style pajama top has 3/8 inch adjustable shoulder straps, a straight neckline, embroidery stitched across the chest area, and a hemmed bottom. The pull-on pajama bottom has an elasticized waistband, and side slits at both sides of the hemmed leg openings. The pajama bottom is approximately mid-calf length.

Style #7579-S – A two piece women’s knit pajama set constructed from 100% lightweight cotton fabric. The tank style pajama top has 3/8 inch adjustable shoulder straps, a scoop neckline, slits at both sides, and a 2 inch satin trim on the front of the hemmed bottom. The pull-on pajama bottom has an elasticized waistband, and hemmed leg openings with a 2-inch satin trim.

You have indicated that these garments will be sold in the sleepwear department of Mermaxx Intimate Apparel. Based both on the appearance of the garments, as well as the manner in which they will be merchandised, these items will be classified in heading 6108. We are returning your samples as you requested.

The applicable subheading for the Pajama Sets, Style #’s 7699 & 7579-S will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and nightdresses of cotton. The rate of duty will be 8.7 percent ad valorem.

Style #’s 7699 & 7579-S, Pajama Sets fall within the textile category designation 351. Based on international textile trade agreements, garments imported from Turkey 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.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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