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NY I81701





May 15, 2002

CLA-2-61:RR:NC:WA:361 NY I81701

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Mr. Bill Julich
Delmar International, Inc.
175th Street
Jamaica, NY 11434

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

Dear Mr. Julich:

In your letter dated April 17, 2002, with additional information provided on May 1, 2002, you requested a classification ruling for women’s pajama separates on behalf of Jonathan K. Lingerie, DBA Planet Lingerie. The two submitted samples are being returned as you requested.

Style DEV-180P 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 and plain, hemmed leg openings.

Style DEV-186P 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 and plain, hemmed leg openings.

Based on their appearance, these garments are sleepwear.

The applicable subheading for styles DEV-180P and DEV-186P will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spajamas and similar articlesKnitted or crocheted: Of man-made fibers. The duty rate will be 16.2 percent ad valorem.

Styles DEV-180P and DEV-186P 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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