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NY I88591

December 13, 2002

CLA-2-61:RR:NC:WA:361 NY I88591


TARIFF NO.: 6108.32.0010

Mr. Bruce Roberts
Miami International Forwarders
1801 NW 82nd Avenue
Miami, FL 33126-1013

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

Dear Mr. Roberts:

In your letter dated, November 6, 2002, on behalf of your client Jaclyn Apparel, you requested a classification ruling.

The submitted sample, Style #5575, is a one-piece women’s footed garment constructed from 100% polyester fleece knit fabric. The soles of the enclosed footed part are constructed from fabric to which a plastic/rubber traction dotted, separately applied textile outer sole. The pajamas feature a round neckline, long sleeves with rib knit cuffs, a full front opening with a zipper closure, and two front kangaroo pockets at the waist. The garment also has elastic at the center back, and at both ankles.

We are returning your sample as you requested.

The applicable subheading for the pajamas, Style 5575, will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, women’s. The duty rate will be 16.2 % ad valorem.

Effective January 1, 2003, the duty rate will be 16.1% ad valorem.

Style 5575 falls within textile category designation 651. Based upon international textile trade agreements this category from China 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 DeGaetano at (646) 733-3052.


Robert B. Swierupski

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