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NY J85994




August 4, 2003

CLA-2-61:RR:NC:WA:361 NY J85994

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. Jim McDermott, Manager, Customs Compliance Charming Shoppes Inc.
450 Winks Lane
Bensalem, PA 19020

RE: The tariff classification of women’s pajama separates from Korea.

Dear Mr. McDermott:

In your letter, which we received on June 22, 2003, received on July 8, 2003, you requested a classification ruling for two women’s garments. The samples will be returned, as requested.

Style 8600 is a woman’s pajama top constructed from 100% cotton pique and rib knit fabric. The long sleeve pullover has a crew neckline, raglan sleeves, and a rib knit bottom.

Style 8601 is a woman’s pajama bottom (pants) also constructed from 100% cotton pique and rib knit fabric. The pull-on pants have an elasticized waistband with a drawstring, and hemmed leg openings.

You have indicated that the pajama tops and pants will be sold as part of a sleep separate group. Based on its appearance, and the merchandising information you have provided, the garments are considered sleepwear.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.6% ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.6% ad valorem.

The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 351; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from Korea 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.

Sincerely,

Robert B. Swierupski
Director,

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