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NY I82074




June 27, 2002

CLA-2-61:RR:NC:WA:361 I82074

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.910030

Ms. Cicki Wallertz
Newport News, Inc.
711 Third Avenue
New York, NY 10017

RE: The tariff classification of a woman’s pajama top from Peru.

Dear Mr. Wallertz:

In your letter dated May 31, 2002, you requested a tariff classification ruling.

The submitted sample, Style #F02-06-065, is a woman’s pajama top constructed from 100% cotton rib knit fabric. The pullover style garment has a crew neckline, long sleeves and a hemmed bottom.

The submitted garment is considered sleepwear, based both on its appearance and the manner in which it is advertised and sold. You have not indicated whether the garment will be imported with a matching bottom in the same shipment. If it is imported with a matching component in the same shipment, the two garments will be classified as pajamas.

We are returning your sample as you requested.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas of cotton. The rate of duty will be 8.6% ad valorem. When imported separately, or when imported without a matching component, the applicable subheading for the pajama top will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of cotton. The rate of duty will be 8.6% ad valorem.

The pajamas, when imported in equal quantities fall within the textile category designation 351; the pajama top falls within the textile category designation 350. Based upon international textile trade agreements, category 351 imported from Peru is subject to visa requirements but not subject to 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

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