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NY H89600

April 16, 2002

CLA-2-61:RR:NC:WA:361 NY H89600


TARIFF NO.: 6108.31.0010; 6108.91.0030

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

RE: The tariff classification of women’s pajama separates from Bangladesh.

Dear Mr. Bodek:

In your letter dated March 14, 2002, you requested a classification ruling for two women’s garments on behalf of Parthenon Sportswear, Ltd. The items are being returned as you requested..

Style 7712 is a woman’s pullover styled pajama top constructed from 60 percent cotton, 40 percent polyester knitted thermal fabric. The pajama top has a V neckline; a partial front opening with a button closure; long sleeves; and a hemmed bottom with side slits.

Style 7715 is a matching pajama bottom constructed from the same fabric. The pajama pants have an elasticized waistband with a drawstring and hemmed leg openings.

You have indicated that the pajama tops and pants will be imported separately. Based on their appearance, and the merchandising information you have provided, the garments are considered sleepwear.

The applicable subheading for the pajama tops and bottoms, if imported without a matching component in the same shipment, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.6 percent ad valorem.

The pajama tops and bottoms, imported without a matching component in the same shipment, fall within the textile category designation 350. Based upon international textile trade agreements, category 350 from Bangladesh is not subject to a visa requirement nor 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 646-733-3052.


Robert B. Swierupski

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