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NY K89169





September 21, 2004
CLA-2-61:RR:NC:WA:361 NY K89169

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Cindy R. Taber
Sandler, Travis & Rosenberg, P.A.
Attorneys at Law
551 Fifth Avenue
New York, NY 10176

RE: The tariff classification of women’s sleepwear from the United Arab Emirates (U.A.E.)

Dear Ms. Taber:

In your letter dated August 27, 2004, on behalf of your client Kellwood Company, you requested a classification ruling for four garments. These garments were examined at our meeting held on August 27, 2004, and returned to you at that time.

Style 722245 is a woman’s pajama top constructed from 93 percent cotton, 7 percent spandex knit fabric. The long sleeve top has a rib knit collar and cuffs and a banded bottom.

Style 321195 is a pajama bottom (pants) constructed from 93 percent cotton, 7 percent spandex knit fabric. The pajama bottom has a drawstring inserted in the waistband and hemmed leg openings.

Style 321205 is a pajama bottom (shorts) constructed from 93 percent cotton, 7 percent spandex knit fabric. The pajama bottom has a drawstring inserted in the waistband and hemmed leg openings.

Style 721205 is a pajama top constructed from lightweight 100 percent cotton knit fabric. The pajama top has a rounded neckline, short sleeves, and a plain, hemmed bottom.

Based on appearance, and the merchandising information you have provided, the garments are considered sleepwear, classified in heading 6108. When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments (styles 722245 and 321195 or styles 722245 and 321205) 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 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms, styles 722245, 321195 and 321205 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.5 percent ad valorem.

The applicable subheading for style 721205, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.5 percent ad valorem.

The pajamas, when imported in equal quantities (styles 722245 and 321195 or styles 722245 and 321205) fall within the textile category designation 351; the pajamas when imported separately (styles 722245, 321195 and 321205) as well as style 721205, fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from Korea is subject to a visa requirement 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs 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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