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NY K80972




January 23, 2004
CLA-2-61:RR:NC:WA:361 NY K80972

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. John Ellefson
Blue Star Imports, L.P.
150 Thorn Hill Road
Warrendale, PA 15086

RE: The tariff classification of a woman’s pajama bottom from Vietnam.

Dear Mr. Ellefson:

In your letter dated December 19, 2003, your requested a classification ruling.

The submitted sample, Style 6200, is a woman’s pajama bottom (shorts) constructed from 80% cotton, and 20% polyester knit fabric. The garment features an elasticized waistband with a drawstring, embroidered lettering on the upper left front panel, and hemmed leg openings.

You have indicated that the pajama shorts 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 (shorts), Style 6200, 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 8.5% ad valorem.

The pajama bottom (shorts) Style 6200, falls within the textile category designation 350. Based upon international textile trade agreements, category 350 from Vietnam 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.

In your letter you referred to the submitted garment as a pajama bottom. You have not indicated if the bottoms will be imported separately or if you intend to import these garments with matching sleep tops. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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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