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NY G84063




December 8, 2000

CLA-2-61:RR:NC:WA:361 G84063

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Diane L. Weinberg
Meeks & Sheppard
Attorneys at Law
330 Madison Avenue 39th floor
New York, NY 10017

RE: The classification of four styles of women’s pajama tops from Pakistan.

Dear Ms. Weinberg:

In your letter dated November 8, 2000, you requested a classification ruling for four women’s pajama tops on behalf of Movie Star, Inc. The samples are being returned, as you requested.

The four pajama tops are constructed from 55% cotton, 45% polyester lightweight knit fabric.

Style DD 15884 is a tank top styled garment and features a U-shaped neckline in front and back; two fabric covered buttons just below the front neckline; shoulder straps; and a hemmed bottom with side slits extending upward approximately 3-½ inches. The garment also has ¼-inch woven fabric trim around the armholes and neckline.

Style DD 15885 is a pullover styled garment and features a rounded neckline; a woven fabric bow at the neckline; long sleeves; and a plain hemmed bottom. The garment also has ¼-inch woven fabric trim around the neckline and the sleeves.

Style DD 15928 is a tank top styled garment and features a U-shaped neckline in front and back; shoulder straps; and a hemmed bottom with side slits extending upward approximately 3-½ inches. The garment also has ¼-inch woven fabric trim around the armholes and neckline, as well as woven bows on each side at the top of the side slit.

Style DD 15883 is a tank top styled garment and features a U-shaped neckline in front and back; two fabric covered buttons just below the front neckline; shoulder straps; and a hemmed bottom with side slits extending upward approximately 3 inches. A ½-inch woven fabric finishes the armholes, and extends to form the shoulder straps. The trim is also used to finishes the front and back necklines.

You have indicated that these garments will be sold as part of a mix and match pajama grouping. In each case, the woven trim on the pajama tops will match the fabric of the pajama bottoms in the grouping.

The applicable subheading for the pajama tops (imported without matching bottoms) will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spajamasand similar articles, knitted or crocheted: of cotton. The rate of duty will be 8.7 percent ad valorem. As of January 1, 2001, the rate of duty will be 8.6 percent ad valorem.

The pajama tops (imported without matching bottoms) fall within textile category designation 350. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

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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