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NY K83715

April 1, 2004
CLA-2-61:RR:NC:WA:361 NY K83715


TARIFF NO.: 6108.92.0030

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 sleep top from China.

Dear Mr. Maher:

In your letter dated March 2, 2004, on behalf of your client Delta Galil USA, Inc., you requested a classification ruling.

The submitted sample, Style #T82618, is a woman’s sleep top constructed from 82% nylon, and 18% spandex knit fabric. The garment features a modified U -shaped neckline in front, elasticized adjustable shoulder straps, and a hemmed bottom. The garment also has lace trim around the front of the neckline.

In your ruling request, you recommended classification of the submitted garment under HTS 6108.32.0010. The garment is properly classified under HTS 6108.92.0030, based on the terms of the heading.

The submitted garment, Style T82618, is considered sleepwear, based both on its appearance and the manner in which it is advertised and sold.

We are returning your sample as you requested.

The applicable subheading for the pajama top, Style T82618, will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of man-made fibers, other, women's. The rate of duty will be 16% ad valorem.

Style T82618 falls within the textile category designation 650. Based upon international textile trade agreements, category 650 from China is subject to quota restraints but not subject to visa requirements.

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.

In your letter you referred to the submitted garment as a sleep top. You have not indicated if you will also be importing matching sleepwear bottom. 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
National Commodity

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