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NY I84599




August 27, 2002

CLA-2-61:RR:NC:WA:361 I84599

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Mr. William Ortiz
S.J. Stile Associates, Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a pair of women’s knit pajama bottoms (pants) from Taiwan.

Dear Mr. Ortiz:

In your letter dated August 5, 2002, you requested a tariff classification ruling.

The submitted sample, Style #33204, is a pair of women’s pajama bottoms (pants) constructed from 100% polyester polar fleece knit fabric. The pull-on pajama bottoms feature an elasticized waist with a drawstring and hemmed leg openings. The garment will also be imported under Style #33205 & 33206, with different prints.

The submitted garment is considered sleepwear, based both on its appearance and the manner in which it is advertised and sold. You have indicated that the garment will not be imported as part of a set.

The applicable subheading for the pajama bottom, imported without a matching component, will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles, knitted or crocheted, of man-made fibers, other, women’s. The rate of duty will be 16.2% ad valorem.

The pajama bottom, imported without a matching component, falls within the textile category designation 650. Category 650 imported from Taiwan is not subject to visa requirements or 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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