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NY G89633




April 30, 2001

CLA-2-61:RR:NC:WA:361 G89633

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Lavinia Chan
J. Crew Group, Inc.
770 Broadway
New York, NY 10003

RE: The tariff classification of women’s knit pajamas from Portugal.

Dear Ms. Chan:

In your letter dated March 29, 2001, you requested a classification ruling for women’s knit pajamas. The sample is being returned, as you requested.

Style 52429 is a pair of woman’s pajamas constructed from 100% cotton knit fabric. The tank styled pajama top has a U-shaped neckline; 1 ¼ inch shoulder straps; and a hemmed bottom. The pajama pants have an elasticized waistband with a drawstring; and hemmed leg openings. The pajamas will be imported in, and sold with a drawstring carrying bag as a “women’s PJ gift set. These garments have been designed and will be marketed as sleepwear.

The pajamas and carrying bag are considered a composite good in accordance with General Rules of Interpretation 3(b). The essential character is provided by the pajamas therefore, both the pajamas and the carrying bag will be classified under the HTS number for the pajamas.

The applicable subheading for style 52429 (pajamas and carrying bag) will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.6 percent ad valorem.

Style 52429 (pajamas and carrying bag) falls within the textile category designation 351. Based upon international textile trade agreements, garments imported from Portugal are not, at present, subject to a visa requirement and quota restraints.

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

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