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NY J83499




May 20, 2003

CLA-2-61:RR:NC:WA:361 NY J83499

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. B.K. Lee, President
Leeward International Inc.
21 West 38th Street
New York, NY 10018

RE: The tariff classification of woman’s knit pajama top from Honduras.

Dear Mr. Lee:

In your letter dated April 23, 2003, you requested a classification ruling for a woman’s knit pajama top. The garment is being returned as you requested..

Style 7333 is a woman’s pajama top constructed from 60 percent cotton, 40 percent polyester knit fabric. The henley styled pajama top has a crew neckline; a partial front opening with right-over-left three button closure; long hemmed sleeves; and a plain hemmed bottom.

Based on the appearance as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108.

The applicable subheading for style 7333 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sPajamas and similar articles, knitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

Style 7333 falls within textile category designation 350. Based upon international textile trade agreements, category 350 from Honduras is subject to neither quota nor the requirement of a visa.

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.

In your letter you indicated that this garment will be part of a mix and match pajama grouping, however you have not indicated if the submitted tops will be imported separately or if you intend to import these garments with matching sleep bottoms. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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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