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NY G85662




February 8, 2001

CLA-2-61:RR:NC:WA:361 G8562

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Mr. Richard Dougherty
Import Manager
Tower Group International
107 Henderson Drive
Sharon Hill, PA 19079-1033

RE: The tariff classification of women’s knit sleepwear separates from India.

Dear Mr. Dougherty:

In your letter of January 5, 2001, you requested a classification ruling for three garments on behalf of Urban Outfitters, Inc. As you have requested, these garments are being returned to you.

Style 11AOPKQ030 is a woman’s pajama bottom of 100% rayon lightweight knit fabric. The pajama bottoms are pants with a picot-edged elastic waistband and leg openings.

Style 11AOPKQ031 is a woman’s pajama bottom of 100% rayon lightweight knit fabric. The pajama bottoms are shorts with a picot-edged elastic waistband and leg openings.

Style 11AOPKU075 is a woman’s pajama top of 100% rayon lightweight knit fabric. The pajama top is tank styled with elasticized straps; an U-shaped neckline in front and back; and a hemmed bottom.

You have indicated that the three matching pieces will be sold as sleepwear separates. Based on the appearance of the garments, as well as the supporting marketing information, the garments are considered sleepwear, and classified in heading 6108.

If imported in equal numbers of matching pajama tops and 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 16.3 percent ad valorem.

If imported separately, the applicable subheading for each style 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 16.3 percent ad valorem.

If imported in equal numbers of matching bottoms in the same shipment, the pajamas fall within textile category designation 651; each style imported separately falls within textile category designation 650. Based upon international textile trade agreements products of India 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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