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NY H81753




June 22, 2001

CLA-2-61:RR:NC:WA:361 H81753

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Counselors at Law
245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The classification of women’s pajama separates from Qatar.

Dear Ms. Weinberg:

In your letter dated May 31, 2001, you requested a classification ruling for women’s pajama pants on behalf of Regatta USA. The samples are being returned, as you requested.

Style C-1374P is constructed from 100% cotton lightweight knit fabric. The pullover style pajama top has a band collar; short hemmed sleeves; and a plain, hemmed bottom.

Style C-1379 is also constructed from 100% cotton lightweight knit fabric. The pajama shorts have an elasticized waistband with a drawstring and leg openings finished with openwork trim.

You have indicated that these garments will be sold as sleepwear separates in a mix and match grouping that will include these and other styles. Therefore, based on the appearance, as well as the marketing, the garment will be classified as sleepwear 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 6108.31.0010, 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.

If imported separately, and any non-match garments, the applicable subheading for each style (C-1374P and C-1379) 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.

If imported in equal numbers of matching tops and bottoms in the same shipment, the pajamas fall within textile category designation 351; each style (C-1374P and C-1379) imported separately, and any non-matched style falls within textile category designation 350. Based upon international textile trade agreements these categories, from Qatar, are subject to 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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