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NY I87534





November 22, 2002

CLA-2-62:RR:NC:N3:361 I87534

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Sheila K. Stromberg
Cerie North America, Inc.
7371 Kirkwood Avenue - #136
Maple Grove, MN 55369

RE: The tariff classification of women's sleepwear from China

Dear Ms. Stromberg:

In your letter dated October 22, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style 210-0102 is a camisole pajama top made of 80 percent polyester, 20 percent spandex knit openwork fabric. The top has ¼ inch adjustable shoulder straps, and formed cups. The top does not reach the waist.

Style 210-0107 is a “teddy” made from 80 percent polyester, 20 percent spandex knit openwork fabric. The garment has ¼ inch adjustable shoulder straps, formed cups, a snap closure at the crotch, and a crotch lining.

Style 215-3116 is a woman’s baby doll pajama set made from 100 percent nylon knit openwork fabric. The pajama top has ¼ inch elasticized adjustable shoulder straps with mesh trim, formed cups, a front opening extending from under the bodice to the bottom, and a lettuce edging finish to the bottom and opening. The top extends approximately to the hip. The pajama bottom is an abbreviated panty with a ¼ inch elasticized waistband, elasticized finish to the leg openings, and a crotch lining.

Style 213-0216 is a woman’s baby doll pajama set made from 80 percent polyester, 20 percent spandex knit mesh fabric. The pajama top has ¼ inch elasticized adjustable shoulder straps, formed cups, a front opening extending from under the bodice to the bottom, and a lettuce edging finish to the bottom and opening. The top extends approximately to the hip. The pajama bottom is an abbreviated panty with a ¼ inch elasticized waistband, and elasticized finish to the leg openings.

Based on the appearance of the garments, as well as the supporting marketing information, the garments are considered sleepwear, and classified in heading 6108. You have also noted that one of these items will not be imported with matching pajama bottom in the same shipment. As it will be classified as “other” within the appropriate sleepwear heading.

The applicable subheading for style 210-0102 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spajamasand similar articles, knitted or crocheted: of man-made fibers. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for styles 210-0107, 215-3116, and 213-0216 will be 6108.32.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spajamasknitted or crocheted: of man-made fibers. The rate of duty will be 16.2 percent ad valorem.

Style 210-0102 falls within textile category designation 650; styles 210-0107, 215-3116, and 213-02 fall within textile category designation 641. Products from China that fall within textile category 651 are currently subject to quota restraints and the requirement of a visa. Products that fall within textile category 650 are currently not subject to a visa requirement or to 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.

In your letter you indicated that one of the submitted garments will be sold with matching bottoms as pajamas, but will not be imported in the same shipment with the matching bottom. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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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