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NY K84776




May 13, 2004
CLA-2-61:RR:NC:WA:361 NY K84776

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Ms. Patty Kittel, Atty in Fact
Target Customs Brokers, Inc.
1000 Nicollet Mall, TPN-0430
Minneapolis, MN 55403
Att: Kari Finch

RE: The tariff classification of a pair of woman’s pajamas and a robe from China and Hong Kong.

Dear Ms. Kittel:

In your letter dated April 7, 2004, on behalf of your client Target Corporation, you requested a classification ruling for women’s garments. We are returning your samples as you requested.

The submitted samples are described as follows:

Style 108805 (regular size range) which will also be imported under style 109021 (ext. size range) is a woman’s wrap robe constructed from 100 percent acrylic knit fabric. The full-length robe has a hood, a full front opening, long sleeves, pockets below the waist, and a plain, hemmed bottom. A self-fabric belt is provided, which is the only closure provided for the garment. The robe and belt are considered a composite good, with the essential character provided by the robe. The items are classified under the same Harmonized Tariff number, and together are subject to the same quota category.

Style 106537 (regular size range) which will also be imported under style 108694 (ext. size range) is a woman’s pajama top constructed from 100 percent acrylic knit fabric. The pullover pajama top has a v-shaped neckline, long raglan sleeves, and a tubular knit bottom.

Style 108695 (regular size range) which will also be imported under style 108697 (ext. size range) is a woman’s pajama bottom (pant) constructed from 100 percent acrylic knit fabric. The pull-on pajama pants have an elasticized waistband with a drawstring, and hemmed leg openings.

You have indicated that the pajama tops and bottoms will be imported and sold as a set. Based on the appearance of the garments themselves, as well as the supporting marketing information, the pajama tops and bottoms, as a set, will be considered sleepwear, specifically, pajamas, and classified in heading 6108.

The applicable heading for the robe, style 108805 (and 109021) will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...bathrobes and similar articles of man-made fibers. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the sets consisting of the pajama top, style 106537 (and 108694) and the pajama bottom, style 108695 (and 108697) will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of man-made fibers, women’s. The rate of duty will be 16% ad valorem.

The robe, style 108805 (and 109021) falls within textile category designation 650; the pajama set consisting of the pajama top, style 106537 (and 108694) and the pajama bottom, style 108695 (and 108697) falls within textile category designation 651. Based upon international textile trade agreements, category 651 category from China and Hong is subject to visa requirements and quota restraints; category 650 from China is subject to visa requirements 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 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,

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