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NY H88441




March 28, 2002

CLA-2-61:RR:NC:WA:361 NY H88441

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Maureen Shoule
J. W. Hampton, Jr. & Co., Inc.
Custom House Brokers
161-15 Rockaway Blvd
Jamaica, NY 11434

RE: The tariff classification of women’s knit pajamas and a nightdress from Turkey.

Dear Ms. Shoule:

In your letter dated March 4, 2002, you requested a classification ruling for women’s pajamas on behalf of Incomex, Inc.. The items are being returned as you requested..

Style 001 is a pair of woman’s pajamas constructed from 100 percent cotton knit lightweight fabric. The pajama tops are tank styled and have a U-shaped neckline in front and back; shoulder straps; and a plain, hemmed bottom. The ankle length pajama bottoms have a drawstring waistband and plain, hemmed leg openings.

Style 002 is a pair of woman’s pajamas constructed from 100 percent cotton knit lightweight fabric. The pajama tops are tank styled and have a modified square neckline in front and back; shoulder straps; and a plain, hemmed bottom. The pajama shorts have a drawstring waistband and plain, hemmed leg openings.

Style 003 is a pair of woman’s pajamas constructed from 100 percent cotton knit lightweight fabric. The pajama tops are T-shirt styled and have a rounded neckline with picot trim; short hemmed sleeves; and a plain, hemmed bottom. The pajama shorts have an elasticized waistband and plain, hemmed leg openings.

Style 5678 is a woman’s nightdress constructed from 100 percent cotton knit lightweight fabric. The nightdress extends to the mid thigh and has a rounded neckline, long hemmed sleeves, and a hemmed bottom with side slits extending upward approximately 2 ½ inches.

For each style, you have indicated potential alternatives, such as pajamas that would include pants rather than shorts. Since no additional samples or information was provided, only the submitted samples are included in this ruling.

The applicable subheading for styles 001, 002, 003, and 5678 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sPajamas and nightdresses, knitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

Styles 001, 002, 003, and 5678 fall within textile category designation 351. Based upon international textile trade agreements products of Turkey 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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