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NY J87100




September 10, 2003

CLA-2-61:RR:NC:WA:361 NY J87100

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. Paul McCormack, Director of Imports
St. Eve International, Inc.
18 Madison Avenue
New York, NY 10016

RE: The tariff classification of` a pair of women’s pajama bottoms (pants) from Bangladesh.

Dear Mr. McCormack:

In your letter dated July 30, 2003, you requested a classification ruling for a pair of women’s pajama bottoms.

The submitted sample, Style #0823-8, is a pair of women’s pajama bottoms (pants) constructed from 80% cotton, and 20% polyester terry knit fabric. The pull-on pants feature an elasticized waistband with a drawstring, and hemmed leg openings.

You have indicated that the pajama bottoms (pants) 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 the pajama bottom (pants), Style 0823-8, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles, knitted or crocheted, of cotton, other, women’s. The rate of duty will be 8.6% ad valorem.

The pajama bottoms (pants) Style 0823-8, fall within the textile category designation 350. Based upon international textile trade agreements, category 350 from Bangladesh 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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,
National Commodity

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