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NY I83474




August 1, 2002

CLA-2-61:RR:NC:WA:361 NY I83474

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Mr. Arthur Bodek
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

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

Dear Mr. Bodek:

In your letter dated July 3, 2002, you requested a classification ruling for four women’s garments.

Style #C7-10727 is a woman’s sleeveless pajama top, constructed from 100% polyester lightweight knit fabric and features a round neckline, and a hemmed bottom. The garment has picot edging around the neckline and armholes.

Style #C7-20380 is a woman’s pajama bottom (pants) constructed from 100% polyester lightweight knit fabric and features an elasticized waistband with a drawstring and picot edging, and hemmed leg openings.

You have indicated that the pajama tops and pants will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear.

We are returning these samples, as well as the samples from Exhibit A of your submission, 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 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of man-made fibers. The rate of duty will be 16.2% ad valorem. When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of man-made fibers. The rate of duty will be 16.2% ad valorem.

The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 651; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 650. Based upon international textile trade agreements, category 651 from Bangladesh 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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