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NY I81352

June 3, 2002

CLA-2-61:RR:NC:WA:361 NY I81352


TARIFF NO.: 6108.31.0010

Ms. Anissa Hui, Product Coordinator
ISDA & Co.
29 South Park
San Francisco, CA 94107

RE: The tariff classification of women’s pajama with a matching carrying bag from China or Hong Kong.

Dear Ms. Hui:

In your letter dated April 24, 2002, you requested a classification ruling for a pair of women’s pajamas with a self-fabric bag. The items are being returned as you requested..

Style 3232B88 is a pair of women’s pajamas constructed from 100% cotton knit fabric. The pullover pajama tops have a boat neckline, long sleeves and a plain, hemmed bottom. The ankle length pajama bottoms have a ¼ inch elasticized waistband and hemmed leg openings. These garments have been designed and will be marketed as sleepwear.

The pajamas will be imported and sold with a self-fabric carrying bag with a drawstring closure. The pajamas and carrying bag are considered a composite good in accordance with General Rules of Interpretation 3(b). The essential character is provided by the pajamas therefore, both the pajamas and the carrying bag will be classified under the HTS number for the garment. Both the pajamas and carrying bag will fall within the same textile category designation.

The applicable subheading for style 3232B88, which consists of pajamas and a matching carrying bag, 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 percent ad valorem.

Style 3232B88, which consists of pajamas and a matching carrying bag, falls within the textile category designation 351. Based upon international textile trade agreements, category 351 from China and Hong Kong is subject to a visa requirement and 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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