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NY I82697

June 19, 2002

CLA-2-61:RR: NC:WA:361 NY I82697


TARIFF NO.: 6108.32.0010

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

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

Dear Ms. Jin:

In your letter dated May 29, 2002, you requested a classification ruling.

The submitted sample, Style #K2107017/816, is women’s pajamas consisting of a top and shorts constructed from 100% polyester lightweight panne knit fabric. The top of Style #K2107017/816 is sleeveless and features a criss-cross front, with a lace trim that forms a v-neckline, 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, and hemmed leg openings.

You have indicated that this style will be produced, imported and sold at retail as a set. Based on the appearance of the style, it is considered sleepwear and classified in heading 6108.

The applicable subheading for Style #K210701/816, will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of man-made fibers, women’s. The rate of duty will be 16.2% ad valorem.

Style #K2107017/816, falls within textile category designation 651. Based upon international textile trade agreements this category, from China 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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