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NY H89707




April 24, 2002

CLA-2-61:RR:NC:WA:361 H89707

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Johanna Jin
J.W.E. Silk Inc.
180 Madison Avenue, 16th Floor
New York, NY 10016

RE: The tariff classification of a pair of women’s pajamas from China.

Dear Ms. Jin:

In your letter dated March 26, 2002, you requested a tariff classification ruling.

The submitted sample is a pair of women’s pajamas, consisting of pants and a pullover top constructed from 60% cotton, 40% polyester lightweight knit fabric. The top of Style #KK7561058/941, features a v-neckline in front, short sleeves, a screenprinted design on the front panel, and a hemmed bottom. The pull-on pants feature an elasticized waistband with a drawstring, and hemmed leg openings.

Based on the appearance of the style, it is considered sleepwear and classified in heading 6108.

The applicable subheading for Style #KK7561058/941, 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 8.6% ad valorem.

Style #KK7561058/941, falls within textile category designation 351. Based upon international textile trade agreements this category, from China is subject to visa requirements, and quota restraints. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV.

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 DeGaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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