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NY K80719

December 16, 2003
CLA-2-61:RR:NC:WA:361 NY K80719


TARIFF NO.: 6108.92.0030

Mr. Kevin Maher
C Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a woman’s pajama top from Macau.

Dear Mr. Maher:

In your letter dated November 17, 2003, you requested a classification ruling for a woman’s garment on behalf of In Delta Galil USA Inc. The item will be returned as requested.

Style 2932S is a woman’s pajama top constructed from 91 percent nylon, nine-percent spandex knit fabric. The camisole styled garment has ¼ inch adjustable shoulder straps, a V-shaped neckline in front, and a plain, hemmed bottom. The front neckline is trimmed with openwork fabric.

You have referred to the garment as a sleepwear separate. Based on its appearance, as well as the supporting marketing information provided, the garment will be classified as sleepwear in heading 6108. You have also proposed that the garment be classified in heading 6108.32.0010, the HTS number for nightgowns and pajamas. The submitted garment, a pajama top, cannot be classified in this specific subheading. Instead, it is considered similar to the named items of heading 6108, and classified under the subheading for “other” garments in HTS 6108.92.0030.

The applicable subheading for style 2932S will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamasand similar articlesknitted or crocheted: Of man-made fibers: other. The duty rate will be 16.1% ad valorem. Effective January 1, 2003, the rate of duty will be 16 percent ad valorem

Style 2932S falls within textile category designation 650. Based upon international textile trade agreements this category from Macau is not subject to quota, nor to 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 referred to the submitted garments as a sleepwear separate. You have not indicated if matching sleepwear bottoms will also be imported. 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.


Robert B. Swierupski

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