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NY I80950




May 15, 2002

CLA-2-61:RR:NC:WA:361 NY I80950

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Ms. Diane L. Weinberg
Meeks and Sheppard
Attorneys at Law
330 Madison Avenue-39th Floor
New York, NY 10017

RE: The tariff classification of women’s pajama separates from Pakistan and the Philippines.

Dear Ms. Weinberg:

In your letter dated April 26, 2002, you requested a classification ruling for women’s pajama separates on behalf of Movie Star, Inc. The two submitted samples are being returned as you requested.

Style 1W15338 is a pair of woman’s pajama pants constructed from 100 percent polyester lightweight knit fabric. The ankle length pajama pants have an elasticized waistband with a drawstring, side seam pockets, and a plain, hemmed bottom. The pajama pants will be made in Pakistan.

Style 6140920 is a woman’s tank styled pajama top constructed from 100 percent polyester lightweight knit fabric. The top has shoulder straps, a U-shaped neckline, and a plain, hemmed bottom. The pajama top will be made in the Philippines.

You have indicated that these garments will be imported separately, and sold as part of a sleepwear grouping of mix and match separates. Based on their appearance, these garments are sleepwear.

The applicable subheading for style 1W15338 and for style 6140920, 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 1W15338 and style 6140920, imported separately, fall within textile category designation 650. Based upon international textile trade agreements this category, from Pakistan and the Philippines 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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