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NY I83108




June 25, 2002

CLA-2-61:RR:NC:WA:361 NY I83108

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Jeannine Greener – Import Specialist Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

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

Dear Ms. Greener:

In your letter dated June 12, 2002, you requested a classification ruling for four women’s garments. The items are being returned as you requested..

The first submitted style, which will be imported under style numbers 045-0697 (regular), 045-0698 (petite), 045-0699 (tall), and 045-0786 (plus) is a woman’s pajama top. The tank top styled pajama top is constructed from 100 percent cotton knit fabric and has a square neckline with picot trim, ½ inch shoulder straps, and a plain, hemmed bottom.

The second submitted style, which will be imported under style numbers 045-0691 (regular), 045-0692 (petite), 045-0693 (tall), and 045-0770 (plus) is a woman’s pajama top. The pullover pajama top is constructed from 100 percent cotton knit fabric and has a rounded neckline with picot trim, long sleeves with picot trim, and a plain, hemmed bottom.

The third submitted style, which will be imported under style numbers 045-0736 (regular), 045-0737 (petite), 045-0737 (tall), and 045-0789 (plus) is a woman’s pajama top. The pajama top is constructed from 100 percent cotton knit fabric and has a rounded neckline, a full front opening with button closure, long sleeves, and a plain, hemmed bottom.

The fourth submitted style, which will be imported under style numbers 045-0727 (regular), 045-0728 (petite), 045-0729 (tall), and 045-0784 (plus) is a woman’s pajama bottom (pants). The garment is constructed from 100 percent cotton knit fabric and has an elasticized waistband with a drawstring, and hemmed leg openings.

You have indicated that the pajama tops and pants will be sold as part of a “mix and match” sleepwear group. Based on its appearance, and the merchandising information you have provided, the garments are considered sleepwear.

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 knit ...pajamas of cotton. The rate of duty will be 8.6 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.6 percent ad valorem.

The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 351; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from China is subject to a visa requirement 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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