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NY K86529




July 1, 2004
CLA-2-61:RR:NC:WA:361 NY K86529

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Kay Morrell
Dillard’s, Inc.
1600 Cantrell
Little Rock, AR 72201

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

Dear Ms. Morrell:

In your letter dated May 27, 2004, your requested a classification ruling for three woman’s pajama separates. We are returning your samples as you requested.

Style #’s F42PS480, F42KS481, & F42KS485 are women’s sleepwear separates constructed from 60% cotton, 40% polyester waffle knit fabric. The pullover styled top (Style # F42KS485) features a modified U-shaped neckline, long sleeves, and lettuce edging finishing the neckline sleeves, and bottom. The ankle length pajama bottoms (Style #F42PS480) feature an elasticized waistband with a drawstring, ric-rac edging inserted around the bottom of the pants legs and lettuce edging finishing the leg openings. The cardigan styled top (Style F42KS481) features a hood, long sleeves, a full front opening with a zipper closure, ric-rac edging inserted around the lower portion of the sleeves, and lettuce edging finishing the sleeves, and bottom.

Based on their appearance and the merchandising information provided, the garments are considered sleepwear.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments made up of the pants (style F42PS480) and one top, (either style F42KS485 or style F42KS481) will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.5

When imported separately, or without a matching component, the applicable subheading for each of the garments, styles F42PS480, F42KS485 and F42KS481 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamasand similar articles: Of cotton. The rate of duty will be 8.5

When classified as a pajama set, the garments fall within the textile category designation 351; the pajama separates fall within the textile category designation 350. Based upon international textile trade agreements, both categories, imported from China are subject to quota restraints; only category 351 is subject to a visa requirement.

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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