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NY K82404




January 29, 2004
CLA-2-61:RR:NC:WA:361 NY K82404

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Beth C. Ring
Sandler, Travis & Rosenberg, P.A.
Attorneys at Law
551 Fifth Avenue
New York, NY 10176

RE: The tariff classification of women’s pajamas from Hong Kong.

Dear Ms. Ring:

In your letter dated January 13, 2004, on behalf of your client Charles Komar & Sons, Inc., you requested a classification ruling for women’s garments.

The submitted sample, style S/752388, is a pair of women’s pajamas. The pajama tops are made from 95 percent cotton, five- percent spandex knit fabric, and the bottoms are made from 97 percent cotton, one percent spandex, and two percent other fibers knit fabric. The sleeveless pullover pajama tops have a U-shaped neckline, trim at the neckline and armholes, and a plain, hemmed bottom. The pajama bottoms are Capri length pants with an elasticized waistband with a drawstring and hemmed leg openings.

The two items will be purchased, imported and sold as a set. The submitted garments will be sold together, banded with a cardboard wrapper, and marked as “Knit Capri Pajamas.” Based on appearance, and the merchandising information you have provided, the garments are considered pajamas.

The applicable subheading for the pajamas, style S/752388, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.5% ad valorem.

Style S/752388 falls within the textile category designation 351. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

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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