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NY H88716




March 12, 2002

CLA-2-61:RR:NC:WA:361 NY H88716

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Karen Riggs
Talbots
174 Beal Street
Hingham, MA 02043

RE: The tariff classification of a woman’s three-piece pajama set from Hong Kong

Dear Ms. Riggs:

In your letter dated February 15, 2002, you requested a classification ruling for a woman’s three-piece pajama set. This item is being returned as you requested..

Style 25103019 is a woman’s sleepwear set constructed from lightweight 100% cotton pointelle knit fabric. The set is composed of a tank top, a pajama bottom, and a cardigan styled upper body garment. You have indicated that this style will be produced and sold at retail as a set.

The tank styled pajama top has 1-¾ inch shoulder straps, a u-shaped neckline in front and back, and a plain, hemmed bottom. The necklines and armholes are trimmed with picot edging. The ankle length pajama bottoms have an elasticized waistband, and hemmed leg openings. The cardigan styled top has a full front opening with button closure, a v-shaped neckline, long sleeves, and a plain, hemmed bottom. The neck and front opening are finished with capping and trimmed with picot edging.

Based on their appearance, and the information provided concerning the manner in which they will be merchandised, the tank styled top and the pajama bottoms are considered sleepwear. Since pajamas consist of two pieces – one to cover the upper portion of the body, and one for the lower, the cardigan top, although still considered an intimate garment, cannot be classified as a part of a pajama set with the other two garments. As it is similar to a bed jacket, it will be classified separately as a robe.

The applicable subheading for the two-piece pajama set (tank styled top and pajama bottom) of style 25103019 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spajamasKnitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for cardigan styled top of style 25103019 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sbathrobesand similar articlesKnitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

The two-piece pajama set (tank styled top and pajama bottom) of style 25103019 falls within textile category designation 351; the cardigan styled top of style 25103019 falls within textile category designation 350. Based upon international textile trade agreements products of Hong Kong under category 351 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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