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NY I80475




April 23, 2002

CLA-2-61:RR:NC:WA:361 NY I80475

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Ms. Bettina Csekme
Import Logistic & Compliance – HQ 2
Spiegel Imports
3500 Lacey Road
Downers Grove, IL 60515

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

Dear Ms. Csekme:

In your letter dated March 25, 2002, with additional information provided in your letter of March 28, 2002, you requested a classification ruling for women’s pajama separates. The two submitted samples are being returned as you requested..

Style 05-4831k, Cat # 05-4831 is a woman’s pajama top constructed from 50 percent polyester, 50 percent rayon lightweight rib knit fabric. The pullover styled pajama top has a V-neckline; long sleeves; and a plain, hemmed bottom. You have described the neckline and sleeve trim as a “faux mohair popcorn.”

Style 05-4832k, Cat # 05-4832 is are woman’s pajama pants constructed from 50 percent polyester, 50 percent rayon lightweight rib knit fabric. The pull-on pants have an elasticized waistband and hemmed leg openings. The trim around the leg openings is the same as the trim on the pajama top.

Based on their appearance, and the advertising information supplied, these garments are sleepwear. You have indicated that these garments will be shipped separately.

The applicable subheading for style 05-4831k, Cat # 05-4831 and for style 05-4832k, Cat # 05-4832, imported separately, will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spajamasand similar articlesKnitted or crocheted: Of man-made fibers. The duty rate will be 16.2 percent ad valorem.

Style 05-4831k, Cat # 05-4831 and style 05-4832k, Cat # 05-4832, imported separately, fall within textile category designation 650. Based upon international textile trade agreements this category, from China is neither subject to quota nor 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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