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NY K85633




May 19, 2004
CLA-2-61:RR:NC:WA:361 NY K85633

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Johanna Jin
J.W.E. Inc.
180 Madison Avenue, 16th Floor
New York, NY 10016

RE: The tariff classification of woman’s pajama set from China.

Dear Ms. Jin:

In your letter dated April 26, 2004, on behalf of your client Delta Galil USA, Inc., you requested a classification ruling for a woman’s pajama set.

The submitted samples, Style #K2100096, a woman’s sleepwear set constructed from 95% cotton, and 5% spandex knit fabric. The set is composed of a camisole style top, and pants.

The sleeveless top features elasticized adjustable spaghetti straps, a V-shaped neckline in front, and a hemmed bottom. The garment also has open-work fabric around the neckline in front and a portion of the armholes. The pants have a partial elasticized rear waistband, and a satin bow below the center of the front waistband. The garment also has open-work fabric finishing the front portion of the waistband and the leg openings.

Based on the appearance of the style, it is considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style #K2100096 (top and pants), will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.5% ad valorem.

Style #K2100096, falls within textile category designation 351. Based upon international textile trade agreements this category 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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