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NY I83378

July 29, 2002

CLA-2-61:RR:NC:WA:361 NY I83378


TARIFF NO.: 6108.31.0010; 6307.90.9889

Ms. Betty Coats, Customs Compliance Coordinator K Mart Corporation Resource Center
3100 West Big Beaver Road
Troy MI 48084-3163

RE: The tariff classification of women’s pajamas and a sleep mask from Malaysia.

Dear Ms. Coats:

In your letter dated June 26, 2002, you requested a classification ruling for a pair of women’s pajamas and a sleep mask. The style is being returned as you requested..

The pajamas, style number 278640, are constructed from 100% cotton lightweight knit fabric. The pajama top is a tank styled garment with ¼ inch shoulder straps, a U shaped neckline in front and back, and a plain, hemmed bottom. The neckline and armholes are trimmed with picot edging. The pull-on pajama bottoms have an elasticized waistband and hemmed leg openings with picot edging. The pajamas will be imported and sold with a sleep mask.

The applicable subheading for the pajamas 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.

The applicable heading for the sleep mask will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles including dress patterns: Other. The rate of duty will be 7 percent ad valorem.

The pajamas fall within the textile category designation 351. Based upon international textile trade agreements, category 351 from Malaysia 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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