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NY J82627




May 6, 2003

CLA-2-61:RR:NC:WA:361 NY J82627

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Linda Moyer
Customs Manager
Associated Merchandising Corp.
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of woman’s knit three piece pajama sets from Turkey.

Dear Ms. Moyer:

In your letter dated April 3, 2003, you requested a classification ruling for woman’s knit three-piece pajama sets. The items are being returned as you requested..

Gift set 1 includes a sleep short, style 91988, a sleep pant, style 94945, and a long sleeve sleep shirt, style 94947. The three matching garments are constructed from 100 percent cotton knit fabric. The sleep shorts, style 91988, and the sleep pants, style 94945, have an elasticized waistband with a drawstring and hemmed leg openings. The long sleeve sleep shirt, style 94947, has a v-shaped neckline, long sleeves, and a plain, hemmed bottom.

Gift set 2 includes a sleep short, style 91988, a sleep pant, style 94945, and a sleeveless sleep top, style 94946. The three matching garments are constructed from 100 percent cotton knit fabric. The sleep shorts, style 91988, and the sleep pants, style 94945, have an elasticized waistband with a drawstring and hemmed leg openings. The sleeveless sleep top, style 94946, has a v-shaped neckline, and a plain, hemmed bottom.

You have indicated that these garments will be imported and sold as a gift set. Based on the appearance of these items, as well as the supporting marketing information, they are considered sleepwear, and classified in heading 6108.

The applicable subheading for styles 94945 and 94947 of gift set 1 and styles 94945 and 94946 of gift set 2 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sPajamas , knitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for style 91988, the shorts of both gift sets one and two, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sPajamas and similar articles, knitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

Styles 94945 and 94947 of gift set 1 and styles 94945 and 94946 of gift set 2 falls within textile category designation 351; the shorts, style 91988 of both gift sets one and two, fall within textile category designation 350. Based upon international textile trade agreements, category 351 from Turkey is subject to quota and the requirement of a visa.

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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