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NY J85309

July 1, 2003

CLA-2-61:RR:NC:WA:361 NY J85309


TARIFF NO.: 6108.31.0010

Ms. Kathleen Lawrence
Lerner New York
450 W. 33rd Street
New York, NY 10001

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

Dear Ms. Lawrence:

In your letter dated May 30, 2003, you requested a classification ruling for women’s pajama sets.

You submitted two samples representing three styles.

The submitted sample, Style #9732, is a woman’s pajama set consisting of a top and pants constructed from 95% cotton, and 5% spandex knit fabric. The top of Style 9732 is sleeveless and features a modified u-neckline, spaghetti straps, and a hemmed bottom. The pull-on pants feature an all-over strip design, an elasticized waistband with a drawstring, and hemmed leg openings. This garment will also be imported under Styles 9735 and 9737, representing different colors and prints.

You have indicated that Styles 9732, 9735, and 9737 will be produced, imported and sold at retail as sets. Based on the appearance of the styles, the three items are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Styles 9732, 9735, and 9737 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 9732, 9735 and 9737 fall within textile category designation 351. Based upon international textile trade agreements this category from Sri Lanka 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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