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NY I86522





October 24, 2002

CLA-2-61:RR:NC:WA:361 NY I86522

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 Guatemala.

Dear Mr. Garrett:

In your letter dated September 25, 2002, you requested a classification ruling for two women’s garments.

Style #82866 - a pair of women’s pajama bottoms (shorts) constructed from 95% cotton, 5% spandex knit fabric. The pull-on pajama bottoms feature an elasticized waist and hemmed leg openings.

Style #82856 – a woman’s pajama top constructed from 95% cotton, 5% spandex knit fabric. The top features a modified u-neckline, shoulder straps measuring approximately one inch in width, and a hemmed bottom.

You have indicated that the pajama shorts and top 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 82866 & 82856 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 82866 & 82856 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 82866 & 82856, 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 Guatemala 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.

Sincerely,

Robert B. Swierupski
Director,

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