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NY K82823




February 6, 2004
CLA-2-61:RR:NC:WA:361 NY K82823

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Krisanne Stecklair, Customs Compliance Specialist Mothers Work, Inc.
456 Fifth Street
Philadelphia, PA 19123

RE: The tariff classification of a woman’s three-piece pajama set from Sri Lanka.

Dear Ms. Stecklair:

In your letter dated January 28, 2004, you requested a classification ruling for women’s garments.

The submitted sample, style 98493, is a woman’s three-piece pajama set constructed from lightweight 100 percent cotton knit fabric. The set is made up of one pair of pajama pants, one camisole styled top and one cardigan styled top. The pajama pants have an elasticized waistband with a drawstring ribbon, and leg openings finished with an overlock stitch and forming a ruffled edge. The camisole styled pajama top has ¼ inch adjustable shoulder straps, a V-shaped neckline in front, and a plain, hemmed bottom. The top edge of the front is lace trimmed. The camisole styled garment has a V neckline, long sleeves, a full front opening with a button closure, and a plain, hemmed bottom. The sleeves are finished with an overlock stitch, forming a ruffled edge.

Based on appearance, the garments are considered sleepwear. The camisole styled top and the pants are considered pajamas. You have also indicated that the three items will be sold as a unit. Since pajamas consist of two pieces – one to cover the upper portion of the body, and one for the lower, the cardigan styled top, although still considered sleepwear, cannot be classified as a part of a pajama set with the other two garments. It will therefore be classified separately as a garment “similar to sleepwear.”

The applicable subheading for the camisole top and pants (pajamas) of style 98493, 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.

The applicable subheading for the cardigan styled top of style 98493, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamasand similar articles: Of cotton. The rate of duty will be 8.5% ad valorem.

The camisole and pants (pajamas) of style 98493 fall within the textile category designation 351; the cardigan styled top of style 98493 falls within textile category designation 350. Based upon international textile trade agreements category 351 from Sri Lanka is 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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