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NY J82395




April 17, 2003

CLA-2-61:RR:NC:WA:361 NY J82395

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. John Ellefson
Bluestar Imports, L.P.
15o Thorn Hill Road
Warrendale, PA 15086

RE: The tariff classification of women’s sleepwear from Pakistan.

Dear Mr. Ellefson:

In your letter dated March 19, 2003, on behalf of American Eagle Outfitters, Inc., you requested a classification ruling for a woman’s pajama bottom.

The submitted sample, Style #6109-1444, is a pair of women’s pajama bottoms (pants) constructed from 100% cotton French terry knit fabric. The pull-on pajama bottoms feature an elasticized waist with a drawstring, and hemmed leg openings.

You have indicated that the pajama bottom will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garment is considered sleepwear.

We are returning your sample as you requested.

The applicable subheading for Style 6109-1444, the pajama bottom, 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. The rate of duty will be 8.6% ad valorem.

Style 6109-1444 falls within the textile category designation 350. Based upon international textile trade agreements, category 350 from Pakistan is not subject to visa requirements or 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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