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NY B84769

May 14, 1997

CLA-2-61:RR:NC:WA:361 B84769


TARIFF NO.: 6108.31.0010

Ms. Kathy Redey
Eddie Bauer, Inc.
15010 North East 36th Street
Redmond, Washington, 98052

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

Dear Ms. Redey:

In your letter dated May 7, 1997, you requested a tariff classification ruling for women's pajamas. The samples are being returned, as you requested.

The submitted sample, style 045-4882 is a pair of woman's pajamas constructed from 100% cotton thermal knit fabric. The pajamas will also be imported in petite and tall sizes, under style numbers 045-4883 and 045-4884 respectively. The pajama top features a full front seven button opening with right over left closure, and long sleeves. The pajama bottom is pull on pants with a « inch elasticized waistband. The pajamas are sized for a comfortable fit. You also noted that these garments will be sold through the Eddie Bauer catalogue, and advertised as pajamas. Although the catalogue for this garment has not yet been printed, you submitted advertisements for similarly styled pajamas from last year's catalogue, showing the garments as pajamas.

The applicable subheading for all these styles will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgowns of cotton. The rate of duty will be 8.8 percent ad valorem.

These styles fall within the textile category designation 351. 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.


Paul K. Schwartz
Chief, Apparel Branch

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