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NY J85873




July 31, 2003

CLA-2-61:RR:NC:WA:361 NY J85873

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of a woman’s four-piece pajama set from Turkey.

Dear Ms. Shira:

In your letter dated June 27, 2003, on behalf of your client United Retail, Inc., you requested a classification ruling for a woman’s four piece pajama set. We are returning the garments, as requested.

Style 190767 is a woman’s pajama top constructed from 95 percent cotton, five-percent spandex knit fabric. The sleeveless garment features a V-shaped neckline and a plain, hemmed bottom. The neckline and armholes are finished with lace trim.

Style 190769 is a woman’s pajama top constructed from 95 percent cotton, five-percent spandex knit fabric. The pullover top has ¾ length sleeves, a V-shaped neckline and a hemmed bottom with five-inch side slits. The neckline and sleeves are finished with a lace trim.

Style 190768 is a woman’s pajama bottom constructed from 100 percent cotton knit fabric. The pull-on pajama pants have an elasticized waistband and leg openings finished with lace trim.

Style 190920 is a woman’s bed jacket constructed from 100 percent cotton knit fabric. The bed jacket has a full front opening with a five-button closure; a V-shaped neckline; long sleeves; and a hemmed bottom with side slits. The neckline and sleeves are finished with a lace trim.

You have indicated that the four-piece grouping will be imported and sold as a sleepwear set. Based on its appearance, and the merchandising information you have provided, the garments are classified in heading 6108.

In your ruling request, you recommended classification of the pajama pants (style 190768) and the two pajama tops (styles 190767 and 190769) as pajamas under HTS 6108.31.0010. However, in accordance with prior rulings (see HQ 956505 of 10/12/1994) pajamas consist of one pajama top and one pajama bottom. Therefore, the pajama pants (style 190768) and pajama top (style 190769) will be classified as a pajama set, while the other pajama top will be classified as similar to sleepwear, in HTS 6108.91.0030. The bed jacket will be classified under heading 6108.91.0030, as a robe, as you recommended.

The applicable subheading for the pajamas consisting of styles 190768 and 190769 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.6% ad valorem.

The applicable subheading for the pajama top, style 190767, and the bed jacket (robe), style 190920 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit robes and garments similar to sleepwear, of cotton. The rate of duty will be 8.6% ad valorem.

The pajamas (styles 190768 and 190769) fall within the textile category designation 351; the pajama top, style 190767 and the bed jacket (robe) style 190920 fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from Turkey 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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