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NY J87801




September 5, 2003

CLA-2-61:RR:NC:WA:361 NY J87801

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030; 6108.32.0010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-97000

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

Dear Ms. Greener:

In your letter dated July 31, 2003, you requested a classification ruling for two women’s garments.

The first submitted sample, a woman’s pullover style pajama top, will be imported under Style #045-1113 (regular size), Style #045-1114 (petite size), and Style #045-1115 (tall size) and Style #045-1116 (plus size). The garment is constructed from 92% polyester, and 8% spandex fleece knit fabric and features a V-shaped neckline, long sleeves, and a hemmed bottom.

The second submitted sample, a woman’s pajama bottom (pants), will be imported under Style #045-1141 (regular size), Style #045-1142 (petite size), Style #045-1143 (tall size) and Style 045-1144 (plus size). The pull-on bottoms are constructed from 92% polyester, and 8% spandex fleece knit fabric and features an elasticized waistband with a drawstring, side slits and hemmed leg openings.

You have indicated that the pajama top and pants will be sold as part of a “mix and match” sleepwear group. Based on appearance, and the merchandising information you have 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 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of man-made fibers, women’s. The rate of duty will be 16.1% ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms, will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of man-made fibers, other, women’s. The rate of duty will be 16.1% ad valorem.

The pajama top and bottom, when imported in equal quantities fall within the textile category designation 651; the pajama top and bottom imported separately or without a matching component fall within the textile category designation 650. Based upon international textile trade agreements, category 651 from China 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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