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NY H84387




August 22, 2001

CLA-2-61:RR:NC:WA:361 H84387

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Jeannine Greener
Import Specialist
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s knit sleepwear separates from Mauritius and Hong Kong.

Dear Ms. Greener:

In your letter of July 25, 2001, you requested a classification ruling for four garments. As you have requested, these garments are being returned to you.

Style 045-0430(petite), 045-0431(regular), and 045-0432(large) is a pair of woman’s pajama pants constructed from 100% cotton jersey knit fabric. The pants have an elasticized waistband and hemmed leg openings.

Style 045-0424(petite), 045-0425(regular), 045-0426(tall), and 045-0468(large) is a woman’s pajama top constructed from 100% cotton jersey knit fabric. The pullover pajama top has a crew neckline; long sleeves with rib knit cuffs; and a hemmed bottom with side slits.

Style 045-0394(petite), 045-0395(regular), and 045-0396(tall) is a woman’s pajama top constructed from 100% cotton jersey knit fabric. The camisole styled pajama top has ¼ inch shoulder straps; a modified U-shaped neckline in front; and a plain hemmed bottom.

Style 045-0400(petite), 045-0401(regular), and 045-0402(tall) is a woman’s pajama top constructed from 95% cotton, 5% spandex knit fabric. The pullover styled pajama top has a rounded neckline finished with ¼ inch capping; short hemmed sleeves; and a plain, hemmed bottom.

You have indicated that these items are part of a sleepwear grouping. The pajama tops and bottoms will be offered for sale 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 sold, the garments are considered sleepwear.

If imported in equal numbers of matching pajama tops (styles 045-0424 group, 045-0394 group and 045-0400 group) and bottoms (style 045-0430 group) 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 for any non-matched garments, the applicable subheading for each style (045-0424 group, 045-0394 group, 045-0400 group, and 045-0430 group) 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 pajama tops (styles 045-0424 group, 045-0394 group and 045-0400 group) and bottoms (style 045-0430 group) in the same shipment, the pajamas fall within textile category designation 351; each style (045-0424 group, 045-0394 group, 045-0400 group, and 045-0430 group) imported separately, and any non-matched styles fall within textile category designation 350. Based upon international textile trade agreements products of Hong Kong and Mauritius 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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