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NY I89402





January 24, 2003

CLA-2-61:RR:NC:WA:361 NY I89402

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Marlene Bautista
Sears
3333 Beverly Road, D5 255B-B
Hoffman Estates, IL 60179

RE: The tariff classification of a woman’s pajama set from Singapore.

Dear Ms. Bautista:

In your letter dated December 23, 2002, you requested a classification ruling for a woman’s pajama set.

The submitted samples, a woman’s pajama set consisting of a top and pants, are constructed from lightweight 60% cotton, 40% polyester knit fabric. The top, to be imported under Style #1021A, features a V-neckline, long sleeves, and a hemmed bottom. The garment also has lace trim around the neckline and sleeves. The pull-on pants to be imported under Style #2025A, feature an elasticized waistband, and hemmed leg openings with lace trim.

Based on the appearance of the style, the garments are considered sleepwear and classified in heading 6108. You have also indicated that these two items will be imported in equal numbers of matching tops and bottoms on the same shipment. As such, they will be classified as pajamas.

We are returning your samples as you requested.

The applicable subheading for the pajamas consisting of Styles 1021A and 2025A, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.6% ad valorem.

The pajamas, consisting of Styles 1021A and 2025A, fall within textile category designation 351. Based upon international textile trade agreements this category, from Singapore is subject to visa requirements but not subject 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.

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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