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NY J82677

April 15, 2003

CLA-2-61:RR:NC:WA:361 NY J82677


TARIFF NO.: 6108.32.0010

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

RE: The tariff classification of a woman’s pajama set from Indonesia.

Dear Mr. Garrett:

In your letter dated March 18, 2003, you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style #4741, is a woman’s pajama set consisting of a top and pants constructed from 100% polyester brushed knit fabric. The top of Style 4741features a modified u-neckline, long sleeves, a kangaroo pocket, and overlock stitching finishing the bottom. The pull-on pants feature an all-over printed design, an elasticized waistband with a drawstring and hemmed leg openings.

You have indicated that Style 4741 will be produced, imported and sold at retail as a set. Based on the appearance of the style, the two items are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style 4741 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of man-made fibers, women’s. The rate of duty will be 16.1% ad valorem.

Style 4741 falls within textile category designation 651. Based upon international textile trade agreements this category from Indonesia 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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