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NY I87564





November 22, 2002

CLA-2-61:RR:NC:WA:361 NY I87564

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. James Morgan, Senior Consultant
Trade & Regulatory Services
PBB Global Logistics
883-D Airport Park Road
Glen Burnie, MD 21061

RE: The tariff classification of a nightgown, robe, and women’s pajama separates from Canada.

Dear Mr. Morgan:

In your letter received on October 24, 2002, you requested a classification ruling for five women’s garments on behalf of Bravado Designs. The samples are being returned as you requested.

The garments are all constructed from 100 percent cotton interlock fabric and have specialized design features for use as “nursing” sleepwear.

Style “Simply Divine Tank” is a woman’s sleeveless pajama top with 1-½ inch shoulder straps, a v-neckline, and a hemmed bottom with side slits. The front has a “snap down” flap to facilitate nursing.

Style “Zen Pant” is a pajama bottom with a drawstring and elasticized waistband; side seam pockets; and leg openings finished with satin edging.

Style “Zen Boxer” is a short pajama bottom with a drawstring and elasticized waistband; side seam pockets; and leg openings finished with satin edging.

Style “Karmic Kimono” is a pajama top. The garment is a pullover with a rounded, satin trimmed neckline, ¾ length satin trimmed sleeves, and a plain hemmed bottom. The front panel has two openings to accommodate the breasts, and two panels covering the openings giving the garment the appearance of a bed jacket covering a pajama top. The two panels have a single button closure, and satin trim.

Style “Heaven Sent Nightgown” is a woman’s short sleeve knee length nightgown with a square neckline, and the bottom and sleeves openings finished with satin edging. The front has a “snap down” flap to facilitate nursing.

Based on appearance, and the merchandising information you have provided, the garments are considered sleepwear.

The applicable subheading for style “Heaven Sent Nightgown” will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses of cotton. The rate of duty will be 8.6 percent ad valorem.

When imported together in shipments containing equal numbers of matching pajama tops and bottoms, the applicable subheading for the matching garments of styles “Simply Divine Tank”, “Zen Pant”, “Zen Boxer”, and “Karmic Kimono” 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.

When imported separately, or when imported without a matching component, the applicable subheading for styles “Simply Divine Tank”, “Zen Pant”, “Zen Boxer”, and “Karmic Kimono” 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 percent ad valorem.

Style “Heaven Sent Nightgown” falls within the textile category designation 351; styles “Simply Divine Tank”, “Zen Pant”, “Zen Boxer”, and “Karmic Kimono” when imported in equal quantities fall within the textile category designation 351; styles “Simply Divine Tank”, “Zen Pant”, “Zen Boxer”, and “Karmic Kimono” imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade garments from Canada are subject neither to a visa requirement nor to 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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