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NY I89425




February 4, 2003

CLA-2-61:RR:NC:WA:361 NY I89425

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. John Imbrogulio
Nordstrom Product Group
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of women’s pajama separates from Macau – correction to ruling I88457

Dear Mr. Imbrogulio:

This letter replaces the ruling letter we sent to you December 11, under file number NY I88457. The purpose of this replacement letter is to correct a clerical error. On December 17, 2002, you informed this office of a clerical error in the style numbers shown on page #1, 3rd and 4th paragraphs. The error has now been corrected.

In your letter dated November 13, 2002, you requested a classification ruling for three women’s garments.

Style #NO65726 - a woman’s sleeveless pajama top constructed from 100% cotton rib knit lightweight fabric. The garment features a modified u-neckline, spaghetti straps, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

Style #NO65727 – a woman’s pajama top constructed from 100% cotton lightweight knit fabric. The garment features a u-neckline, long sleeves, a full front opening with a zipper closing, and a hemmed bottom.

Style #NO65792 - a woman’s pajama top constructed from 100% cotton lightweight knit fabric. The garment features a v-neckline, short sleeves, and a hemmed bottom.

You have indicated that the pajama tops will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear.

The samples were returned with our original response.

When 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, women’s. 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, other, women’s. The rate of duty will be 8.6% 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 Macau 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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