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NY H80809

June 4, 2001

CLA-2-61:RR:NC:WA:361 H80809


TARIFF NO.: 6108.91.0030

Ms. Diane L. Weinberg
Meeks & Sheppard
Attorneys at Law
330 Madison Avenue
39th Floor
New York, NY 10017

RE: The classification of women’s pajama pants from Pakistan, Cambodia, or the Philippines.

Dear Ms. Weinberg:

In your letter dated May 21, 2001, you requested a classification ruling for women’s pajama pants on behalf of Movie Star, Inc. The sample is being returned, as you requested.

Style HS10158B is constructed from lightweight pointelle knit fabric, in chief weight of cotton. The pajama pants have a covered elasticized waistband, and hemmed leg openings. You have indicated that this garment will be sold as a sleepwear separate, and will not be imported with a matching top. At retail, however, the garment will be sold as part of a mix and match sleepwear grouping. Therefore, based on the appearance, as well as the marketing, the garment will be classified as sleepwear in heading 6108.

The applicable subheading for style HS10158B will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spajamasand similar articles, knitted or crocheted: of cotton. The rate of duty will be 8.6 percent ad valorem.

Style HS10158B falls within textile category designation 350. Based upon international textile trade agreements products of Pakistan and the Philippines are subject to quota and the requirement of a visa. Products of Cambodia are subject to the requirement of a visa, but not 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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