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NY F88058




July 19, 2000

CLA-2-61:RR:NC:WA:361 E88058

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. Juan Dominguez
Classification Analyst
Wal-Mart Stores, Inc.
702 S.W. 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of three women’s knit garments Bangladesh.

Dear Mr. Dominguez:

In your letter dated June 12, 2000, with additional information provided on July 12, 2000, you requested a classification ruling for three women’s knit garments. The samples are being returned, as you requested.

All of the garments are constructed from 95% cotton, 5% spandex lightweight knit fabric.

Style FG3307 is a woman’s pullover styled pajama top with a v-shaped neckline; short sleeves; and a lettuce edge bottom created with an overlock stitch. The neckline and sleeves are trimmed with lace.

Style FG3305 is a woman’s camisole styled pajama top that has one-inch shoulder straps; a square neckline in front and back; and a lettuce edge bottom created with an overlock stitch. The shoulder straps are lace, and the neckline in front and back is trimmed with lace. Style FG3306 is a woman’s pajama short that has a one-inch elasticized waistband; and lace trimmed leg openings.

If imported in shipments containing equal numbers (pairs) of matching pajama tops (either styles FG3307 or FG3305) and bottoms (style FG3306) the applicable subheading for the matching garments 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.

If imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms (styles FG3307, FG3305, FG3306) will each be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.7 percent ad valorem.

If imported with equal numbers (pairs) of matching pajama tops (either styles FG3307 or FG3305) and bottoms(style FG3306), the pajamas fall within the textile category designation 351. If imported separately, or when imported without a matching component, styles FG3307, FG3305, FG3306 each fall within the textile category designation 350. Based upon international textile trade agreements, garments imported from Bangladesh 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

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