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NY H84401




August 31, 2001

CLA-2-61:RR:NC:WA:361 H84401

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Gina Bies
Carol Hochman Designs, Inc.
801 Foresman Street
Williamsport, PA 17701

RE: The tariff classification of women’s sleep tops from Sri Lanka.

Dear Ms. Bies:

In your letter dated August 1, 2001, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #833209 - a woman’s sleep top constructed from 100% rib knit cotton fabric. The garment is sleeveless and features elasticized lace trim around the armholes, a scoop neckline with elasticized lace trim, and a hemmed bottom.

Style #833210 - a woman’ s sleep top constructed from 100% rib knit cotton fabric. The garment features a scoop neckline with elasticized lace trim, long sleeves, and a hemmed bottom.

Style #833211 - a woman’ s sleep top constructed from 100% rib knit cotton fabric. The garment features a scoop neckline with elasticized lace trim, long sleeves with elasticized lace trim, a full front opening with a seven-button closure, and a hemmed bottom.

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 the Sleep Tops, Style #’s 833209, 833210, and 833211, will be 6108.91.0030,Harmonized Tariff Schedule of the United States (HTS), for women's knit ...pajamas and nightdresses, bathrobes, dressing gowns and similar articles, knitted or crocheted, other, of cotton, other, women’s. The rate of duty will be 8.6% ad valorem.

The Sleep Tops, Style #’s, 833209, 833210, and 833211 fall within the textile category designation 350. Based on international textile trade agreements, garments imported from Sri Lanka are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV.

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 DeGaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director

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