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NY A81157

April 2, 1996

CLA-2-61:RR:NC:WA:361 A81157


TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. Mauritz Plenby
1440 Broadway
New York, NY 10018

RE: The tariff classification of women's pajama separates from Turkey.

Dear Mr. Plenby:

In your letter dated March 7, 1996, you requested a tariff classification ruling for women's pajama separates. The samples are being returned, as you requested.

The submitted samples consist of a pajama top, pajama pants and pajama shorts. The garments will be constructed from lightweight 100% cotton knit fabric. Each style will be imported in three different colors - pastel (P), bright (B) and heather (H). Upon importation, the style numbers will include one of the letter suffixes. Style DI3062 is a woman's pullover pajama top with a crew neckline, short sleeves, side slits and a hemmed bottom. Style DI3072 is a pajama short with an exposed elasticized waistband and a plain hemmed bottom. Style DI3082 is a plain jersey knit pajama pant with an exposed elasticized waistband and a hemmed bottom. The fabric of the garments is soft, and the garments are sized for a comfortable fit. You also noted in your letter that these garments will be sold as a "mix and match" group within the sleepwear departments.

If the tops and bottoms are imported in equal quantities on the same shipment, the applicable subheading for the set 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 8.9 percent ad valorem. If the items are imported separately, the applicable subheading for each of the garments 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 8.9 percent ad valorem.

If imported as a set, the pajamas fall within the textile category designation 351; If imported separately, each garment falls within textile category designation 350. Based upon international textile trade agreements, garments imported from Turkey are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


Roger J. Silvestri

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