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NY I81981




June 19, 2002

CLA-2-61:RR:NC:WA:361 NY I81981

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.001

Ms. Jeannine Greener
Eddie Bauer
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s knit pajamas from Mauritius.

Dear Ms. Jeannine Greener:

In your letter dated May 21, 2002, you requested a tariff classification ruling.

The submitted sample, Style #045-4882, is women’s pajamas consisting of a top and pants constructed from 100% cotton knit fabric. The top of Style #045-4882 features a round neckline, long sleeves, a full front opening with a seven-button closure, and a hemmed bottom. The pull-on pants feature an elasticized waistband, and hemmed leg openings.

You have indicated that this style will be produced, imported and sold at retail as a set.

You state that the garments will also be imported under Style #045-4883 (petite size), Style #045-4884 (tall size), and Style #045-0787 (plus size).

Based on the appearance of the style, and the manner it will be merchandised and sold, it is considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style #045-4882, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.6% ad valorem.

Style 045-4882 falls within textile category designation 351. Based upon international textile trade agreements this category, from Mauritius is subject to visa requirements, and quota restraints. 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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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