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NY J88725





October 15, 2003

CLA-2-61:RR:NC:WA:361 NY J88725

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Leigh Emrick
US JHI Corporation
2224 Evergreen Rd, STE #2
Middleton, WI 53563

RE: The tariff classification of a woman’s pajama set from China.

Dear Ms. Emrick:

In your letter dated September 10, 2003, you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style #JPC168-2PCQ, is a woman’s pajama set consisting of a top and pants constructed from 95% cotton, and 5% spandex knit fabric. The tank style top of Style #JPC168-2PCQ features a modified U-shaped neckline, shoulder straps measuring approximately 1” in width at the top of the shoulder, and a hemmed bottom. The pull-on pants feature an elasticized waistband, and rib knit cuffs.

You have indicated that Style #JPC168-2PCQ will be produced, imported and sold at retail as a set. Based on the appearance of the style, and the marketing information provided, the items are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style #JPC168-2PCQ (bottoms & top), 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.

Style #JPC168-2PCQ (bottoms & top) falls within textile category designation 351. Based upon international textile trade agreements this category 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 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,

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