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NY K86521




June 14, 2004
CLA-2-61:RR:NC:WA:361 NY K86521

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Jeannine Greener
Eddie Bauer
P.O. Box 97000
Redmond WA 98073-9700

RE: The tariff classification of women’s pajama separates from Macau and Hong Kong - correction to NY ruling K84734.

Dear Ms. Greener:

This letter replaces the ruling letter we sent to you on May 4, 2004, under file number NY K84734. The purpose of this replacement letter is to correct clerical errors. On May 27, 2004, you informed this office that one style number reported in your request to us on April 4, 2004, was incorrect. The style number has been corrected below.

In your letter dated April 2, 2004, you requested a classification ruling for two women’s garments.

The submitted samples are described as follows:

Style #045-1804 - a woman’s sleeveless pajama top. The garment is constructed from 100% cotton knit fabric and features an all-over floral design, a V-neckline in front, a partial front opening with a three-button closure, and a hemmed bottom. The top also has satin trim around the neckline and armholes.

Style #045-1805 - a woman’s pajama bottom (pants). The garment is constructed from 100% cotton knit fabric and features an all-over striped design, an. elasticized waistband with a drawstring, and hemmed leg openings. The pajama bottom also has satin trim around the bottom of the leg openings.

In your letter you referred to the submitted garments as a pajama top and a pajama bottom. You have not indicated if the tops and bottoms will be imported separately or if you intend to import these garments in matching quantities. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

Your sample was returned in conjunction with the original request.

The applicable subheading for 045-1804 & 045-1805 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit bathrobes and similar articles, knitted and crocheted, of cotton, other women’s. The rate of duty will be 8.5% ad valorem.

Styles 045-1804 & 045-1805 fall within textile category designation 350. Based upon international textile trade agreements, this category from Macau and Hong Kong is not subject to visa requirements or 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,
National Commodity

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