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NY G84647




December 20, 2000

CLA-2-61: G03 G84647

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of pajamas from Thailand

Dear Ms. Liu:

In your letter dated November 2, 2000 you requested a tariff classification ruling.

Item B12U-3002 is made from a fine knit fabric that you state is 100% cotton. This style is a pair of pajamas, consisting of a top and bottom garment. The upper body garment is sleeveless with a full front right over left opening secured by three plastic buttons. It has a shirt collar and curved hemmed bottom. There is a patch pocket on the left chest. The lower body garment is a pair of pull-on shorts with an exposed elastic waistband and hemmed legs.

Item B12U-3003 is made from a fine knit fabric that you state is 100% cotton. This style is a pair of pajamas, consisting of a top and bottom garment. The upper body garment has short sleeves and has a full front right over left opening secured by four plastic buttons. It has a shirt collar, a hemmed bottom and curved hemmed sleeves. There is a patch pocket on the left chest. The lower body garment is a pair of pull-on pants with a fully covered elastic waistband and long hemmed legs.

Although you initially identified these items as “girls’”, additional information clarifying the age and size range shows that both of these pajama sets will be marketed to the junior market, ages 12 to 16. The sizes will be small, medium and large. Based on your specification sheets we will classify these as “women’s”.

The applicable subheading for these pajamas will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightdresses and pajamas: Of cotton: Women’s. The rate of duty will be 8.7 percent ad valorem.

These pajamas fall within textile category designation 351. Based upon international textile trade agreements, products of Thailand 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 be verified at the time of shipment.

In accordance with your request, your samples will be returned to you separately.

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 Field National Import Specialist Susan David at (415) 782-9366 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Alice M Rigdon
Port Director

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