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NY G89054




May 2, 2001

CLA-2-61:RR:NC:WA:361 G89054

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6108.91.0030

Ms. Linda Moyer
Customs Manager
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a woman’s three-piece pajama set from India.

Dear Ms. Moyer:

In your letter dated April 2, you requested a classification ruling for a woman’s three-piece pajama set. As you have requested, these garments are being returned to you.

Style 52032 is a woman’s three-piece pajama set. The three pieces consist of a 100% cotton woven pajama bottom, a 100% cotton knit tank styled pajama top and cardigan styled pajama top. You have indicated that these items will be bought and sold as a three piece set.

The knit tank styled pajama top has two-inch shoulder straps; a U-shaped neckline in front and back; and a plain, hemmed bottom. The cardigan styled pajama top has a rounded neckline; a full front opening with button closure; long sleeves; and a straight hemmed bottom. The woven pajama pants have an elasticized waistband with a drawstring; and 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 knit tank styled pajama top and woven pants will be classified as pajamas; the knit cardigan styled pajama top is classified in heading 6108, and is considered similar to pajamas.

The applicable subheading for the pajamas of style 52032, composed of the knit tank styled top and woven pants, will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ...pajamas: of cotton. The rate of duty will be 9.1 percent ad valorem.

The applicable subheading for the knit cardigan styled top of style 52032 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas...and similar articles of cotton. The rate of duty will be 8.6 percent ad valorem.

The pajamas of style 52032, composed of the knit tank styled top and woven pants, fall within the textile category designation 351; the knit cardigan styled top of style 52032 falls within the textile category designation 350. 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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