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NY I89783




February 7, 2003

CLA-2-61:RR:NC:WA:361 NY I89783

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Linda Moyer
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of women’s pajama sets from Turkey.

Dear Ms. Moyer:

In your letter dated January 6, 2003, you requested a classification ruling for two sets of women’s pajamas.

The submitted samples are described as follows:

Style #88058 - a woman’s pajama set consisting of a top and shorts constructed from lightweight 95% cotton, 5% spandex knit fabric. The top of Style 88058 features a modified u-neckline in front, elasticized adjustable shoulder straps measuring approximately ¼" in width, a screen-printed floral design on the front panel, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam. The top also has embroidered trim around the neckline, armholes and shoulder straps. The pull-on shorts feature an all-over floral design, elasticized waistband with a drawstring, a satin bow at the bottom on both sides, and hemmed leg openings. The shorts also have embroidered trim around the hemmed leg openings.

Style #86133 - a woman’s pajama set consisting of a top and pants constructed from lightweight 95% cotton, 5% spandex knit fabric. The top of Style 86133 features a modified u-neckline, embroidered floral designs on the front panel, elasticized adjustable shoulder straps measuring approximately ¼" in width, and a hemmed bottom. The top also has satin trim around the neckline, armholes and shoulder straps. The pull-on pants feature an all-over floral design, elasticized waistband with a drawstring, side slits, and hemmed leg openings. The pants also have embroidered trim around the hemmed leg openings.

You have indicated that Styles 88058 & 86133 will be produced, imported and sold at retail as a set. Based on the appearance of the styles, they are considered sleepwear and classified in heading 6108. We are returning your samples as you requested.

The applicable subheading for Styles 88058 & 86133 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.

Styles 88058 & 86133, fall within textile category designation 351. Based upon international textile trade agreements this category, from Turkey 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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