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NY K83050

March 11, 2004
CLA-2-61:RR:NC:WA:361 NY K83050


TARIFF NO.: 6108.31.0010

Mr. Kevin Maher
CAir Customhouse Brokers
International Freight Forwarders
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a woman’s pajama set from Hong Kong.

Dear Mr. Maher:

In your letter dated February 6, 2004, on behalf of your client Delta Galil USA, Inc., you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style #JF-001, is a woman’s pajama set consisting of a top and pants constructed from 100% cotton knit fabric. The sleeveless top of Style JF-001 features a modified U-shaped neckline in front, elasticized shoulder straps, a screen-printed design on the front panel, and a hemmed bottom. The pull-on pants feature a wide elasticized waistband with a drawstring, a screen-printed design on the lower front of the left leg, and hemmed leg openings.

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 JF-001 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 8.5% ad valorem.

Style JF-001 falls within textile category designation 351. Based upon international textile trade agreements this category from Hong Kong 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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