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NY I80037

May 1, 2002

CLA-2-61:RR:NC:WA:361 NY I80037


TARIFF NO.: 6108.31.0010

Ms. Cicki Wallertz
Newport News, Inc.
711 Third Avenue
New York, NY 10017

RE: The tariff classification of a woman’s pajama set from Peru.

Dear Ms. Wallertz:

In your letter dated March 28, 2002, you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style #SO2-06-002, a woman’s sleepwear set constructed from lightweight 100% cotton rib knit fabric. The set is composed of a camisole style top, and a panty. You have indicated that this style will be produced and sold at retail as a set.

The camisole styled pajama top has ¼ inch elasticized adjustable shoulder straps, a modified u-shaped neckline in front and a v-shaped neckline in back. The pajama top also has a keyhole opening in front, and a hemmed bottom. The panty has an elasticized waistband and elasticized leg openings.

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

We are returning your sample as you requested. The applicable subheading for Style #SO2-06-002, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.6% ad valorem.

Style #SO2-06-002, falls within textile category designation 351. Based upon international textile trade agreements this category, from Peru is subject to visa requirements, but not subject to 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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