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NY K82536




February 18, 2004
CLA-2-61:RR:NC:WA:361 NY K82536

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Gina Bies
Carole Hochman
801 Foresman Street
Williamsport, PA 17701

RE: The tariff classification of a woman’s pajama top from Macau.

Dear Ms. Bies:

In your letter dated September 5, 2003, your requested a classification ruling.

The submitted sample, Style 225701, is a woman’s racer back, tank style pajama top. The garment is constructed from 95% cotton, and 5% spandex knit fabric. The garment features a U-shaped neckline in front, and a hemmed bottom.

You have indicated that the pajama top will be imported and sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garment is considered sleepwear.

The applicable subheading for the pajama top, Style 225701, 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 top Style 225701 falls within the textile category designation 350. Based upon international textile trade agreements, category 350 from Macau 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.

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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