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NY E89101




December 8, 1999

CLA-2-61:RR:NC:TA:361 E89101

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Gina Bies
Assistant Traffic Manager
Carole Hochman Designs, Inc.
801 Foresman Street
Williamsport, PA 17701

RE: The tariff classification of women’s pajama tops from Sri Lanka.

Dear Ms. Bies:

In your letter dated August , 1999, you requested a classification ruling for pajama separates. As you requested, the samples will be returned.

Style 52812512 is a woman’s pajama top constructed from 100% cotton knit fabric. The tank top styled pajama top has ½ inch shoulder straps; a square neckline in front and back; a kangaroo pocket in front; and a hemmed bottom.

Style 52811514 is also a woman’s pajama top constructed from 100% cotton knit fabric. The tank top styled pajama top has two-inch shoulder straps; u-shaped neckline in front and back; an adjustable drawstring at the neckline; a gathered bodice; and a hemmed bottom.

You have indicated that this garment will be sold as part of a “mix and match” grouping with other garments in the same fabric. These garments will long and short pajama bottoms. You have not indicated whether this garment will be imported with equal numbers of the matching pajama bottoms, or separately.

If imported in shipments with equal numbers of matching pajama bottoms, the applicable subheading for both garments 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 8.8 percent ad valorem. The rate of duty as of January 1, 2000 will be 8.7 percent ad valorem.

If imported separately, the applicable subheading for both styles will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamasand similar articles: of cotton. The rate of duty will be 8.8 percent ad valorem. The rate of duty as of January 1, 2000 will be 8.7 percent ad valorem.

Both styles, if imported with equal quantities of matching pajama bottoms fall within textile category designation 351; if imported separately, both styles fall within textile category designation 350. Based upon international textile trade agreements products of Sri Lanka are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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