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NY B85878

May 28, 1997

CLA-2-61:RR:NC:WA:361 B85878


TARIFF NO.: 6108.91.0030

Ms. Marilou Collins
Joe Boxer Corp.
1265 Folsom St.
San Francisco, CA 94103

RE: The tariff classification of women's knit pajamas pants from India.

Dear Ms. Collins:

In your letter received on May 21, 1997, you requested a classification ruling for style 609. The garment is being returned, as you requested.

Style 609, women's pajama pants, is constructed from 85%, 15% rayon thermal knit fabric. The garment features an exposed elastic waistband, and a plain hemmed bottom. The garment is sized for a comfortable fit.

You have indicated that the pajama pants will be sold as "mix and match" separates, with similarly styled pajama shorts and t-shirt like pajama tops. Your submitted advertisements also indicate that the garments are shown as sleepwear.

The applicable subheading for style 609 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightdresses and pajamas and similar articles of cotton. The rate of duty will be 8.8 percent ad valorem.

Style 609 falls within textile category designation 350. Based upon international textile trade agreements, products of India 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.


Paul K. Schwartz
Chief, Apparel Branch

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