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NY J81297




March 12, 2003

CLA-2-61:RR:NC:WA:361 NY J81297

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

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

Dear Mr. Garrett:

In your letter dated February 11, 2003, you requested a classification ruling for two sets of women’s pajamas.

The submitted samples are described as follows:

Style #PT3A152S - a woman’s pajama set consisting of a top and pants constructed from 100% cotton knit fabric. The top of Style PT3A152S features a modified u-neckline, long sleeves, and a hemmed bottom. The pull-on pants feature an elasticized waistband and hemmed leg openings.

Style #PT3A164S - a woman’s pajama set consisting of a top and pants constructed from 100% cotton knit fabric. The top of Style PT3A164S features a notched neckline, long sleeves, an all-over embroidered floral design on the front panel, and a hemmed bottom. The pull-on pants feature an elasticized waistband with a drawstring and hemmed leg openings.

You have indicated that Styles PT3A152S and PT3A164S 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 PT3A152S and PT3A164S 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 PT3A152S and PT3A164S fall within textile category designation 351. Based upon international textile trade agreements this category from Hong Kong 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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