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NY J88830




October 17, 2003

CLA-2-61:RR:NC:WA:361 NY J88830

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Ms. Sheila K. Stromberg
Cerie North America, Inc.
7371 Kirkwood Avenue No #136
Maple Grove, MN 55369

RE: The tariff classification of a woman’s knit pajama set, pajama top and nightshirt from China.

Dear Ms. Stromberg:

In your letter dated September 9, 2003, you requested a classification ruling for a woman’s pajama set, pajama top, and nightshirt.

The submitted samples are described as follows:

Style #248-3011 - a woman’s pajama set consisting of a top and pants constructed from 100% rayon jersey knit fabric. The top of Style 248-3011 features a v-neckline, short sleeves, and overlock stitching creating a “lettuce edge” finishing the bottom. The pull-on pants feature a wide elasticized waistband with a drawstring, and hemmed leg openings.

Style #248-3112 - a woman’s nightshirt constructed from 100% rayon jersey knit fabric. The garment extends above the knee and features a V-neckline in front, long sleeves with a vertical drawstring that allows the wearer to minimally adjust the sleeve length, a partial opening at the cuffs, and hemmed bottom.

Style #348-3101 - a woman’s tank style pajama top constructed from 100% rayon jersey knit fabric. The sleeveless garment features a V-neckline in front, shoulder straps measuring approximately 1” in width, and a hemmed bottom. The garment also has embroidered trim around the front of the neckline.

You have indicated that Style #248-3011 will be produced, imported and sold at retail as a set. You have also stated that Style #248-3101 will be imported and sold separately. Based on the appearance of the three styles, the items are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Styles 248-3011 & 248-3112 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas and nightdresses, of man-made fibers, women’s. The rate of duty will be 16.1% ad valorem.

Styles 248-3011 & 248-3112 fall within textile category designation 651. Based upon international textile trade agreements this category from China is subject to visa requirements and quota restraints.

The applicable subheading for Style 248-3101 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas and similar articles, of man-made fibers, other, women’s. The rate of duty will be 16.1% ad valorem.

Style 248-38-3101 falls within textile category designation 650. Based upon international textile trade agreements this category from China is not subject to visa requirements or 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.

Sincerely,

Robert B. Swierupski
Director,

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