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NY H87309

February 19, 2002

CLA-2-61:RR:NC:WA:361 NY H87309


TARIFF NO.: 6108.91.0030

Mr. Arthur W. Bodek
Akin, Gump, Strauss, Hauer & Feld, L.L.P. Attorneys at Law
590 Madison Avenue – 20th Floor
New York, NY 10022

RE: The tariff classification of a woman’s pajama top from Macau or Honduras.

Dear Mr. Bodek:

In your letter dated January 28, 2002, you requested a classification ruling for a woman’s pajama top on behalf of Parthenon Sportswear, Ltd. This item is being returned as you requested..

The submitted sample, style 7707, is a woman’s pajama top constructed from lightweight 98 percent cotton, 2 percent spandex knit fabric. The sleeveless pullover top has ¼ inch adjustable shoulder straps, a U-shaped neckline in front, and a plain, hemmed bottom. The upper back of the garment extends straight across from side seam to side seam. You have indicated that this garment will be sold as part of a “mix and match” sleepwear group.

Based on its appearance, and the merchandising information you have provided, the garment is considered a sleepwear separate.

The applicable subheading for style 7707 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spajamasand similar articlesKnitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

A style 7707 falls within textile category designation 350. Based upon international textile trade agreements this category, imported from Macau or Honduras is neither subject to quota nor 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.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 646-733-3052.


Robert B. Swierupski

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