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NY I86514





October 23, 2002

CLA-2-61:RR:NC:WA:361 NY I86514

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. John Imbrogulio, Import Specialist
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave. Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a nightgown and women’s pajama separates from Hong Kong.

Dear Mr. Imbroglio:

In your letter dated October 3, 2002, you requested a classification ruling for six women’s pajama separates. The samples are being returned as you requested.

Style NO65786 is a woman’s camisole styled pajama top constructed from 95 percent cotton 5 percent spandex lightweight knit fabric. The pajama top has double ¼ inch shoulder straps; a square neckline in front with openwork trim; and a plain, hemmed bottom. The bodice area has an unstructured lining finished with ¼ inch elastic.

Style NO65787 is a woman’s sleep short constructed from 95 percent cotton 5 percent spandex lightweight knit fabric. The pajama bottoms have an elasticized waistband with a drawstring and leg openings finished with openwork trim. The leg openings also have two-inch side slits.

Style NO65745 is a pair of woman’s pajama pants constructed from 95 percent cotton 5 percent spandex lightweight knit fabric. The pajama bottoms have an elasticized waistband with a drawstring and leg openings finished with openwork trim. The leg openings also have three-inch side slits.

Style NO65785 is a woman’s nightgown constructed from 95 percent cotton 5 percent spandex lightweight knit fabric. The nightgown has double ¼ inch shoulder straps; a square neckline in front with openwork trim; and the bottom finished with openwork trim.

Style NO65737 is a woman’s pullover style pajama top constructed from 95 percent cotton 5 percent spandex lightweight knit fabric. The pajama top has an openwork-trimmed v-neckline; short sleeves with openwork trim; and a plain, hemmed bottom.

Style NO65355 is a pair of woman’s pajama pants constructed from 95 percent cotton 5 percent spandex lightweight knit fabric. The pajama bottoms have a drawstring waistband ; a false fly front; and plain hemmed leg openings.

Based on appearance, and the merchandising information you have provided, the garments are considered sleepwear.

The applicable subheading for style NO65785 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses of cotton. The rate of duty will be 8.6 percent ad valorem.

When imported together in shipments containing equal numbers 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.

Style NO65785 falls within the textile category designation 351; 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 Hong Kong 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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