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NY K80120




November 25, 2003
CLA-2-61:RR:NC:WA:361 NY K80120

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Ms. Allison Baron
Sharretts, Paley, Carter & Blauvlet, P.C. Seventy-Five Broad Street
New York, NY 10004

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

Dear Ms. Baron:

In your letter dated October 17, 2003, you requested a classification ruling for four women’s garments.

The submitted are described as follows:

Style #462257 - a woman’s sleeveless pajama top. The upper portion of the front of the garment is constructed from 85% polyamide, and 15% spandex knit open-work fabric. The lower portion and back are constructed from 97% modal, and 3% spandex knit fabric. The garment features a V-neckline in front, elasticized adjustable shoulder straps, a textile bow stitched at the chest area, and a hemmed bottom.

Style #446054- a woman’s pajama bottom (shorts). The upper portion of the garment is constructed from 97% modal, and 3% spandex knit open-work fabric. The lower portion is constructed from 85% polyamide, and 15% spandex lace fabric. The garment features an elasticized waistband, and hemmed leg openings.

Style #462336 - a woman’s sleeveless pajama top constructed from 70% nylon, 20% rayon, and 10% spandex knit fabric. The garment features a V-neckline in front, elasticized adjustable shoulder straps, a textile bow stitched at the chest area, and a hemmed bottom.

Style #446036- a woman’s pajama bottom (shorts) constructed from 70% polyester, 20% rayon, and 10% spandex knit fabric. The pull-on bottoms feature an elasticized waistband, 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 knitted or crocheted, of cotton, 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 knitted and crocheted, other, of cotton, other women’s. The rate of duty will be 16.1%ad valorem.

The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 651; the pajama tops and bottoms 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 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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