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NY I86647




November 12, 2002

CLA-2-61:RR:NC:WA:361 NY I86647

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 sleep tops from Singapore.

Dear Ms. Greener:

In your letter dated October 7, 2002, you requested a classification ruling for two women’s garments.

The submitted samples are described as follows:

Style #057-0315 – a woman’s pajama top constructed from 100% cotton knit fabric. The garment features elasticized spaghetti straps, a modified u-neckline with a textile bow stitched at the center, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

Style #057-0314 - a woman’s pajama top constructed from 100% cotton knit fabric. The garment features pullover garment features a scoop neckline with a textile bow stitched at the center, short sleeves, and a hemmed bottom.

You have indicated that the pajama tops 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.

We are returning your samples as you requested.

If 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% ad valorem. When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops 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% ad valorem.

The pajamas, when imported in equal quantities fall within the textile category designation 351; the pajama tops imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from Singapore 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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