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NY J88265

September 29, 2003

CLA-2-61:RR:NC:WA:361 NY J88265


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 Turkey.

Dear Mr. Garrett:

In your letter dated August 22, 2003, you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style #PG4A029S, is a woman’s pajama set consisting of a top and pants constructed from 97% modal, 3% spandex knit fabric. The top of Style PG4A029S is sleeveless and features a v-neckline, a kangaroo pocket on the front panel at the waist, and a hemmed bottom. The pull-on pants feature a wide elasticized waistband, and lettuce edging finishing the leg openings.

You have indicated that Style PG4A029S will be produced, imported and sold at retail as a set. Based on the appearance of the style, the items are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style PG4A029S 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 PG4A029S falls within textile category designation 651. 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 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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