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NY H88048




February 22, 2002

CLA-2-61:RR:NC:WA:361 NY H88048

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

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

RE: The tariff classification of women’s pajama separates from China or Hong Kong.

Dear Ms. Greener:

In your letter dated January 14, 2002, with additional information provided on January 30, 2002, you requested a classification ruling for two women’s garments. The items are being returned as you requested..

The first submitted garment, which will be imported under style numbers 045-0507 (regular), 045-0508 (petite) and 045-0509 (tall), is a pajama top constructed from knit and woven fabric. Approximately 40% of the front is constructed from 100 percent cotton eyelet embroidered woven fabric; the balance of the front and the entire back is constructed from 100 percent cotton knit fabric. The top has ½ inch shoulder straps, a square front neckline, and a plain, hemmed bottom.

The second submitted garment, which will be imported under style numbers 045-0512 is a woman’s pajama top. The garment is constructed from lightweight, 100 percent cotton knit fabric. The top has ½ inch shoulder straps, a square neckline in front, and a plain, hemmed bottom. A ribbon drawstring is inserted into the top front of the garment, and ties at the center.

You have indicated that the tops will be sold as part of a “mix and match” sleepwear group. Based on appearance, and the merchandising information you have provided, the garments are considered sleepwear.

The applicable subheading for both pajama tops 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.

The pajama tops fall within the textile category designation 350. Based upon international textile trade agreements, category 350 from Hong Kong and China is not subject to a visa requirement and not subject to 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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