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NY J80782




March 7, 2003

CLA-2-61:RR:NC:WA:361 NY J80782

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Betty Coats
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of women’s knit pajamas from Malaysia.

Dear Ms. Coats:

In your letter dated February 6, 2003, you requested a classification ruling.

The submitted sample, Style #352227, is a woman’s one-piece garment constructed from 60% cotton, 40% polyester knit fabric. The garment extends from the neck to the ankles and features a modified rib-knit u-neckline, long sleeves with rib knit cuffs, a partial front opening with a six button closure, elastic at the center back, two front patch pockets, and hemmed leg openings with rib knit cuffs.

Based on the appearance of the style, the garment is considered sleepwear and classified in heading 6108.

We are returning your sample as you requested.

The applicable subheading for the pajamas Style 352227, 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, Style 352227, fall within textile category designation 351. Based upon international textile trade agreements this category, from Malaysia 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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