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NY J81958

April 18, 2003

CLA-2-61:RR:NC:WA:361 NY J81958


TARIFF NO.: 6108.31.0010

Ms. Gail Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-Five Broad Street
New York, NY 10004

RE: The tariff classification of women’s pajama sets from Turkey.

Dear Ms. Cumins:

In your letter dated March 24, 2003, on behalf of your client O’Bryan Brothers, Inc., you requested a classification ruling for two sets of women’s pajamas.

The submitted sample, Style #P79180, is a woman’s pajama set consisting of a top and pants constructed from 100% cotton knit fabric. The top of Style P79180 features an all-over printed design, a modified u-neckline with a textile bow stitched at the center, long sleeves, and a hemmed bottom. The neckline, sleeves, and hem are trimmed with picot edging. The pull-on pants feature an all-over printed design, an elasticized waistband with a textile bow stitched at the front, and hemmed leg openings trimmed with picot edging. The pajama set, with a minor difference in fiber content, will also be imported under Style #P99180 (no sample provided). The pajama set will be constructed from a cotton/polyester blend, in chief weight of cotton.

You have indicated that Styles P79180 and P99180 will be produced, imported and sold at retail as a set. Based on the appearance of the styles, and the marketing information provided, the items are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Styles P79180 and P99180 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.6% ad valorem. Styles P79180 and P99180 fall within textile category designation 351. Based upon international textile trade agreements this category from Turkey 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.


Robert B. Swierupski

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