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NY F88113




July 19, 2000

CLA-2-61:RR:NC:WA:361 F88113

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. Peter A. Quinter
Becker & Poliakoff, P.A.
P.O Box 9057
Ft. Lauderdale, Florida 33310-9057

RE: The tariff classification of a women’s knit sleepwear from Hong Kong, India, or Taiwan.

Dear Mr. Quinter:

In your letter dated June 12, 2000, you requested a classification ruling for a women’s knit sleepwear on behalf of Belk International, Inc. Although your request concerns both women’s and girls’ garments, only women’s garments will be covered in this ruling, as only women’s garments were submitted. As you have requested, these garments are being returned to you.

Style 192120W is a woman’s nightdress constructed from 55% cotton, 45% rayon knitted fabric. The nightdress, which extends to the mid thigh, has a v-neckline with ¼” elasticized capping; short hemmed sleeves; and a hemmed bottom.

Style 192122W is a woman’s three-piece pajama set of 55% cotton, 45% rayon 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; one breast pocket; long hemmed sleeves; and a hemmed bottom. The neckline, front opening, and pocket have a ¼” elasticized trim. The tank styled top has ¼ inch shoulder straps; a u-shaped neckline in front and back; and a hemmed bottom. The armholes and neckline have a ¼” elasticized trim. The pull-on pajama bottoms have a 1-inch elasticized waistband 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 cardigan styled top and pajama bottoms will be classified as pajamas; the tank styled top is considered a pajama separate, and classified as an “other” garment within heading 6108.

Style 192133W is a pair of pajamas for women constructed from 55% cotton, 45% rayon knit fabric. The pullover pajama top has a modified v-neckline; short hemmed sleeves; and a hemmed bottom. The pull-on pajama bottoms have a one-inch elasticized waistband and hemmed leg openings.

Based on the appearance of the garments, as well as the manner in which they will be marketed, the garments are considered pajamas and similar articles of heading 6108.

The applicable subheading for style 192120W, 192133W and the cardigan styled pajama top and the pajama bottoms of style 192122W will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses and pajamas of cotton. The rate of duty will be 8.7 percent ad valorem.

The applicable subheading for the tank styled top of style 192122W will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamasand similar articles of cotton. The rate of duty will be 8.7 percent ad valorem.

Styles 192120W, 192133W and the cardigan styled pajama top and the pajama bottoms of style 192122W fall within the textile category designation 351; the tank styled top of style 192122W falls within the textile category designation 350. Based upon international textile trade agreements, garments imported from the Hong Kong, India and 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.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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