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NY I85858




October 3, 2002

CLA-2-61:RR:NC:WA:361 NY I85858

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr.R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of women’s sleepwear from the Philippines.

Dear Mr. Garrett:

In your letter dated September 30, 2002, you requested a classification ruling for six women’s garments.

Style #79900 - consists of a pair of pants and a top constructed from 100% cotton lightweight knit fabric. The top of Style 79900 features a v-neckline in front, shirt style collar, short sleeves, slits at both sides and a hemmed bottom. The pull-on pants of Style #79900 feature an elasticized drawstring waistband, and hemmed leg openings with side slits.

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.

Style #79908 – a woman’s nightgown. The garment is constructed from 100% cotton lightweight fabric. The garment extends to the ankle and features a shirt style collar, short sleeves, a v-neckline in front with a six eyelet lace-up closure, and a hemmed bottom.

The garment, based on appearance, is considered sleepwear, classified in heading 6108.

Style #79907 - a pair of women’s pajama bottoms (pants) constructed from 100% cotton pique knit fabric. The pull-on pajama bottoms feature an elasticized waist with a drawstring and hemmed leg openings with side slits.

Style #79903 – a woman’s pajama top constructed from 100% cotton lightweight knit fabric. The top features a round rib knit neckline, long sleeves and a hemmed bottom. Style #79904 – a woman’s pajama top constructed from 95% cotton, 5% spandex cotton lightweight knit fabric. The top features elasticized adjustable spaghetti straps, a modified u-neckline, and a hemmed bottom.

You have indicated that the pajama pants and tops will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear.

We are returning your samples as you requested.

For Styles 79907, 79903 & 79904 when imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments 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% ad valorem.

For Styles 79907, 79903 & 79904 when imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.6% ad valorem.

For Styles 79907, 79903 & 79904, the pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 351; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from the Philippines is subject to visa requirements and quota restraints.

The applicable subheading for Style #79908, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgown knitted of crocheted, of cotton. The rate of duty will be 8.6% ad valorem.

Style 79908, falls within textile category designation 351. Based upon international textile trade agreements, this category from the Philippines is subject to quota restraints and visa requirements.

The applicable subheading for Style #79900, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgown knitted of crocheted, of cotton. The rate of duty will be 8.6% ad valorem.

Style 79900, falls within textile category designation 351. Based upon international textile trade agreements, this category from the Philippines is subject to quota restraints and visa requirements. 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.

Sincerely,

Robert B. Swierupski
Director,

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