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NY K86595

June 14, 2004
CLA-2-61:RR:NC:WA:361 NY K86595


TARIFF NO.: 6108.32.0010

Ms. Stacy Bauman
National Regulatory and Compliance Mgr.
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliff, NJ 07632

RE: The tariff classification of woman’s pajama set from China.

Dear Ms. Bauman:

In your letter dated June 1, 2004, on behalf of your client Dress Barn, Inc. you requested a classification ruling for a woman’s pajama set.

The submitted samples, Style #5002, a woman’s sleepwear set constructed from 100% polyester knit fabric. The set is composed of a pullover style top, and pants.

The top features a modified U-shaped neckline, long sleeves, slits at both sides, and a hemmed bottom. The pants feature an elasticized waistband with a drawstring, slits at both sides, and hemmed leg openings.

Based on appearance as well as the merchandising information provided, this style is considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style 5002 (top and pants), 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% ad valorem.

Style 5002, falls within textile category designation 651. Based upon international textile trade agreements this category from China 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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