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February 11, 1999

CLA-2-61:RR:NC:WA:361 D86949

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Lavinia Chan
Imports
J. Crew Group, Inc.
770 Broadway
New York, NY 10003

RE: The tariff classification of a woman’s knit tank top from the Portugal.

Dear Ms. Chan:

In your letter dated January 13, 1999, you requested a classification ruling for a woman’s knit pajama top, style 35031. The sample is being returned, as you requested.

Style 35031 is a woman’s tank top styled pajama top constructed from lightweight 100% cotton rib knit fabric. The sleeveless garment features 1/4 inch shoulder straps, a u-shaped neckline in front and back, lace trim at the front neckline, and a hemmed bottom.

You have indicated that this garment will be advertised as sleepwear. In a recent J. Crew catalogue (Holiday, 1998) similarly styled items are advertised in the sleepwear section, in a mix and match grouping. Therefore, based on the appearance of the garment itself, as well as the advertising of substantially similar items, the garment is considered a pajama top, classified in heading 6108.

The applicable subheading for the tank top styled pajama top will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knit pajamas...and similar articles. The rate of duty will be 8.8 percent ad valorem.

The pajama top falls within textile category designation 350. Based upon international textile trade agreements, products of the Portugal are not, at present, 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 Part 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 212-637-7029.

Sincerely,

Robert B. Swierupski

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