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NY H80787




June 4, 2001

CLA-2-61:RR:NC:WA:361 H80787

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

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

RE: The tariff classification of a woman’s knit nightdress and women’s knit sleepwear separates and a robe from the Philippines.

Dear Ms. Moyer:

In your letter of May 18, 2001, you requested a classification ruling for three garments. As you have requested, these garments are being returned to you.

The five styles are a women’s sleepwear grouping, constructed from 100% polyester knit fabric.

Style 64165 is a woman’s tank top styled pajama top. The garment has shoulder straps; a v-neckline in front and back; and a hemmed bottom. The neckline is trimmed with a ¼ inch scalloped lace.

Style 64166 is a woman’s pajama pant. The garment has an elasticized and drawstring waistband and hemmed leg openings.

Style 64167 is a woman’s chemise styled nightdress. The garment, which extends approximately to the knee, has adjustable shoulder straps; lace trim at the front neckline and a bottom finished with lace trim.

You have indicated that these items are part of a sleepwear grouping. The pajama tops and bottoms will be offered separately to provide your customers with a choice of sleepwear styles. Based on their appearance, as well as the manner in which they will be advertised, the garments are considered sleepwear.

The applicable subheading for style 64167 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses of man-made fibers. The rate of duty will be 16.3 percent ad valorem.

If imported in equal numbers of matching pajama tops (style 64165) and bottoms (style 64166) 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, and any non-match garments, the applicable subheading for each style (64165 and 64166) 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.

Style 64167 falls within textile category 651; if imported in equal numbers of matching tops (style 64165) and bottoms (style 64166) in the same shipment, the pajamas fall within textile category designation 651; each style (64165 and 64166) imported separately, and any non-matched style falls within textile category designation 650. Based upon international textile trade agreements products of the Philippines 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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