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NY H85320





September 5, 2001

CLA-2-61:RR:NC:WA:361 H85320

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Pilar Dorfman
E. Besler & Company
PO. Box 66361
Chicago, Illinois 60666-0361

RE: The tariff classification of women’s knit pajamas and a bed jacket from Macau.

Dear Ms. Dorfman:

In your letter, which we received on August 20, 2001, you requested a classification ruling for women’s knit pajamas and a bed jacket. The items are being returned, as you requested.

Style TJZ consists of pajamas and a coordinating bed jacket. The garments are constructed from 65% polyester, 35% rayon knit fabric with a 100% polyester satin trim. The camisole styled pajama top has ¼ inch satin adjustable shoulder straps; a modified U-shaped neckline in front; and a plain, hemmed bottom. The upper edge of the front and back of the garment is finished with a satin trim. The pajama bottoms are pull-on pants with an elasticized waistband and hemmed leg openings. The bed jacket has a full front opening with four-button closure; a v-neckline; long hemmed sleeves; and a plain, hemmed bottom. The neckline and front opening are finished with a satin trim. The pajamas will be sold with a matching drawstring carrying bag.

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. Both the pajamas and carrying bag will fall within the same textile category designation.

The applicable subheading for the pajamas of style TJZ (including carrying bag) 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.

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

The pajamas of style TJZ (including carrying bag) fall within the textile category designation 651; the bed jacket of style TJZ falls within the textile category designation 650. Based upon international textile trade agreements, garments imported from Macau are 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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