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NY J83346




May 6, 2003

CLA-2-61:RR:NC:WA:361 NY J83346

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030; 6108.31.0010

Ms. Lesa Hubbard
J.C. Penny company, Inc.
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of women’s pajama separates from Vietnam.

Dear Ms. Hubbard:

In your letter dated April 11, 2003, you requested a classification ruling for two women’s garments.

The submitted samples are described as follows:

Style #113-7335 - a woman's pajama top constructed from 60% cotton, 40% polyester brushed thermal knit fabric. The garment features a V-neckline, long sleeves with rib knit cuffs, and a hemmed bottom.

Style #113-6335 - a pair of women’s pajama bottoms (pants), constructed from 60% cotton, 40% polyester brushed thermal knit fabric. The garment features an elasticized waistband, three non-functional buttons in the front, below the waistband, and hemmed leg openings.

You have indicated that the pajama tops and bottoms will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear.

We are returning your samples as you requested.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments 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. When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms, 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, other, women’s. The rate of duty will be 8.6% ad valorem.

The pajama top and bottom, when imported in equal quantities fall within the textile category designation 351; the pajama top and bottom imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, categories 350 and 351 from Vietnam are 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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