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NY A83047



May 20, 1996

CLA-2-61:RR:NC:WA:361 A83047

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Sandy Lipson
Ben Elias Industries, Corp.
1384 Broadway
New York, NY 10018

RE: The tariff classification of women's pajamas from Hong Kong.

Dear Ms. Lipson:

In your letter dated April 24, 1996, you requested a tariff classification ruling for three styles of women's pajamas. Two styles are being returned, and style 90100 is being retained for our records, as we discussed.

All of the submitted garments are constructed from 90% polyester, 10% spandex (elastomeric yarns) raschel knit openwork fabric. All of the garments are sized for a comfortable fit. You also noted that these garments are from the "Cassini Intimates" line and are sold to lingerie/sleepwear departments only.

Style 900097 is a woman's pajama, consisting of a tank styled top and panty. The top features one inch shoulder straps, five inch slits on either side, and 1/8 inch satin trim around the armholes, neckline, and bottom. The panty features 1/4 inch uncovered elastic around the waist and leg openings, and a cotton lining in the crotch.

Style 90098 is a woman's pajama, consisting of a top and panty. The top has a full front opening with 10 hook and eye closures that extend from the neckline to the waist. The balance of the top is open. The top features one inch shoulder straps, a woven insert in front, a gathered skirt-like portion extending from the waist to mid thigh. The top is also trimmed with 1/8 inch satin fabric. The panty features 1/4 inch uncovered elastic around the waist and leg openings, and a cotton lining in the crotch.

Style 90100 is a woman's pajama consisting of a top and boxer shorts. The sleeveless top extends from the shoulders to the upper thigh, and features a full front opening with a five button (satin covered) right over left closure, 5 inch side slits, and 1/8 inch satin finish around the neckline and armholes. The boxer shorts feature a 1/8 inch uncovered elastic waistband and 1/8 inch satin trim around the let openings.

The applicable subheading for all three styles will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of man-made fibers. The rate of duty will be 16.6 percent ad valorem.

The three pajama styles fall within the textile category designation 651.Based upon international textile trade agreements, garments imported from Hong Kong 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.

Sincerely,

Roger J. Silvestri
Director

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