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NY K84984





May 11, 2004
CLA-2-61:RR:NC:WA:361 NY K84984

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Ms. Allison Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of women’s pajama sets from Bangladesh, China and Hong Kong.

Dear Ms. Baron:

In your letter dated April 8, 2004, on behalf of your client Calvin Klein Underwear, a division of Warnaco, Inc., you requested a classification ruling for six women’s pajama separates. We are returning your samples as you requested.

The submitted samples are described as follows:

Style #S2101 and Style #F2397 are matching garments consisting of a camisole styled pajama top and panty styled pajama bottom, constructed from 82% nylon and 18% spandex knit fabric. The top, Style #S2101, features an all-over floral print design, a V-shaped neckline in front, elasticized adjustable spaghetti straps, and a hemmed bottom. The garment also has lace trim all round the top and around the V-shaped neckline. The matching bikini style panty, Style #F2397, features an elasticized waistband, and lace trim around the leg openings.

Style #J2010 and Style #J2012 are matching garments consisting of a camisole styled pajama top and a panty styled pajama bottom and are constructed from 91% nylon and 9% spandex knit fabric. The top, Style #J2010, features an all-over printed design, a modified U-shaped neckline in front, elasticized adjustable spaghetti straps, a drawstring at the chest area, and a hemmed bottom. The matching bikini style panty, Style #J2012, features an elasticized waistband with a drawstring, and elasticized leg openings.

Style #S2098 and Style #S2099 are matching garments consisting of a camisole styled pajama top and a panty styled pajama bottom and are constructed from 91% nylon and 9% spandex knit fabric. The top, Style #S2098 features an all-over floral design, a V-shaped neckline in front, elasticized adjustable spaghetti straps, and a hemmed bottom. The garment also has lace trim all round the neckline and a portion of the armholes. The matching bikini style panty, Style #S2099, features a waistband with lace trim, hemmed leg openings.

You have referred to the submitted garments as sleepwear. Based on the appearance of the garment itself, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108. You have also indicated that although the garments will be sold separately, they may be imported either in matching sets, or with additional pieces of either tops or bottoms. Under such circumstances, different classifications may apply. These are indicated below.

When imported in equal quantities of matching garments, the applicable subheading for the sets consisting of styles, S2101/F2397, of styles J2010/J2012, and of styles S2098/J2012 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.

When imported separately, or when imported without a matching component, J2012 the applicable subheading for styles S2101, F2397, J2010, J2012, S2098 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.

When imported in equal quantities, the sets consisting of styles, S2101/F2397, of styles J2010/J2012, and of styles S2098/J2012 fall within textile category designation 651; when imported separately or without a matching component, styles S2101, F2397, J2010, J2012, S2098 fall within textile category designation 650. Based upon international textile trade agreements, category 651 category from Bangladesh, 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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