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NY F89208

July 28, 2000

CLA-2-61:RR:NC:WA:361 F89208


TARIFF NO.: 6108.32.0010

Ms. Lisa York
Spiegel Imports
3500 Lacey Road
Downers Grove, IL 60515

RE: The classification of a two-piece woman’s pajama set from Macau.

Dear Ms. York:

In your letter dated June 26, 2000, you requested a classification ruling.

The submitted sample, Style #05-8812K, is a woman’s two-piece pajama set constructed of 60% modal rayon, 40% cotton lightweight knit fabric. The pajama top is sleeveless and features a v-neckline in the front and back, shoulder straps measuring approximately l ½” in width, at the shoulder seams, and embroidery on the front and back panel. The top also has side slits and a hemmed bottom. The pull-on pajama pants have an elasticized drawstring waistband, and long hemmed leg openings.

Based both on the appearance of the garments, as well as the manner in which they will be designed, marketed and sold, Style #05-8812K is considered to be sleepwear.

We are returning your samples as you requested.

The applicable subheading for the Pajama Set, Style #05-8812K will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's pajamas knitted or crocheted, nightdresses and pajamas of man-made fibers. The rate of duty will be 16.4 percent ad valorem.

Style #05-8812K, Pajama Set falls within textile category designation 651. Based on international textile trade agreements, garments imported from Macau are subject to a visa requirement and quota restraints. 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.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.


Robert B. Swierupski

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