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NY K84439




April 21, 2004
CLA-2-61:RR:NC:WA:361 NY K84439

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Ms. Ruth Hayd, Customs Specialist
Customs Import department
Kohl’s Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051

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

Dear Ms. Hayd:

In your letter dated March 22, 2004, you requested a classification ruling for three women’s garments. The items will be returned as requested.

Style LW2805 is a woman’s pajama bottom (pants) constructed from 94 percent modal, six- percent spandex knit fabric. The pull-on pajama pants have an elasticized waistband, and hemmed leg openings, trimmed with openwork fabric.

Style LW2804 is a woman’s pajama top constructed from 94 percent modal, six- percent spandex knit fabric. The pullover pajama top has a V-shaped neckline, long sleeves, and a plain, hemmed bottom. The neckline and sleeves are trimmed with openwork fabric.

Style LW2803 is a woman’s pajama top constructed from 94 percent modal, six- percent spandex knit fabric. The pullover sleeveless pajama top has a V-shaped neckline and a plain, hemmed bottom. The neckline and armholes are trimmed with openwork fabric.

You have referred to the garment as a sleepwear separate. Based on its appearance, as well as the supporting marketing information provided, the garment will be classified as sleepwear in heading 6108. The submitted garments are made from matching fabric and trim. Although you have stated that the garments will be sold separately at retail, you have not indicated whether these garments will be imported together on the same shipments.

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 of man-made fibers. The rate of duty will be 16 percent 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 and similar articles of man-made fibers. The rate of duty will be 16 percent ad valorem.

The pajamas, when imported in equal quantities fall within the textile category designation 651; the pajama separates fall within the textile category designation 650. Based upon international textile trade agreements, category 651 from Indonesia, and both categories from China are subject to a visa requirement 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 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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