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NY G84092




December 8, 2000

CLA-2-61:RR:NC:WA:361 G84092

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Mr. Arthur Stein
ETA Import and Export Ltd.
1 Cross Island Plaza
3rd Floor
Jamaica, New York 11422

RE: The tariff classification of a woman’s knit sleepwear separate from Malaysia or Bangladesh.

Dear Mr. Stein:

In your letter of November 8, 2000, you requested a classification ruling for a woman’s pajama top, on behalf of Parthenon Sportswear Company. As you have requested, these garments are being returned to you.

Style Y7-10533 is a woman’s pajama top of 100% polyester lightweight knit fabric. The tank top styled pajama top has adjustable shoulder straps; a v-shaped neckline in front; a u-shaped neckline in back; and a lace trim around the bottom. Based on the appearance of the garment itself, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108.

If imported with equal numbers of matching pajama bottoms in the same shipment, the applicable subheading for the pajamas will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of man-made fibers. The rate of duty will be 16.4 percent ad valorem. Effective January 1, 2001, the rate of duty will be 16.3 percent ad valorem.

If imported separately, the applicable subheading for style Y7-10533 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of man-made fibers. The rate of duty will be 16.4 percent ad valorem. Effective January 1, 2001, the rate of duty will be 16.3 percent ad valorem.

If imported with equal numbers of matching bottoms in the same shipment, the pajamas fall within textile category designation 651; style Y7-10533, if imported separately, falls within textile category designation 650. Based upon international textile trade agreements products of Malaysia and Bangladesh 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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