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NY I86622




October 29, 2002

CLA-2-61:RR:NC:WA:361 NY I86622

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Beth C. Ring
Sandler, Travis & Rosenberg, P.A.
Attorneys at Law
551 Fifth Avenue
New York, NY 10176

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

Dear Mr. Imbroglio:

In your letter dated October 4, 2002, you requested a classification ruling for a pair of pajamas, which may also be imported separately on behalf of your client Charles Komar & Sons, Inc. The samples are being returned as you requested.

Style P37243 is a pair of women’s pajamas constructed from 100 percent cotton lightweight knit fabric. The pajama top has a hood, full front opening with zipper closure, long sleeves, front patch pockets and a hemmed bottom. The pajama bottoms have an elasticized and drawstring waistband and hemmed leg openings. The tops may also be sold separately under style number P31243; the pajama bottoms may also be sold separately under style number P36243.

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

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.

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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