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NY I81470

June 10, 2002

CLA-2-61:RR:NC:WA:361 NY I81470


TARIFF NO.: 6108.31.0010

Ms. Gina Bies
Carole Hochman
801 Foresman Street
Williamsport, PA 17701

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

Dear Ms. Bies:

In your letter dated May 8, 2002, you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style #831413, a woman’s pajama set consisting of a top and shorts constructed from lightweight 95% cotton, 5% spandex knit fabric. The top of Style #831413 features adjustable spaghetti straps, a modified u-neckline in front, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam. The pull-on shorts feature an elasticized waistband with a drawstring, and hemmed leg openings.

You have indicated that this style will be produced and sold at retail as a set.

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

We are returning your samples as you requested.

The applicable subheading for Style #831413, 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 #831413, falls within textile category designation 351. Based upon international textile trade agreements this category, from Macau is subject to visa requirements 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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