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NY K88782

September 15, 2004
CLA-2-61:RR:NC:WA:361 NY K88782


TARIFF NO.: 6108.31.0010

Ms. Andrea Holton, Director, Customs Compliance Dept. Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of women’s pajamas from Moldova.

Dear Ms. Holton:

In your letter dated August 12, 2004, you requested a classification ruling for women’s garments.

The submitted sample, style 373608, is a pair of women’s pajamas made from 70 percent cotton, 30 percent polyester knit fabric. The pullover pajama top has a rounded neckline, long sleeves, and a plain, hemmed bottom. The pajama bottoms are pants with an elasticized waistband and capped leg openings. Picot edging is used to trim the neckline, and sleeves of the top and the leg openings of the bottoms. A small satin bow is sewn at the front, center of the neckline of the top and front center waistband of the bottoms.

The two items will be purchased, imported packaged and sold as a set. Based on appearance, the garments are considered pajamas.

The applicable subheading for the pajamas, style 373608, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.5% ad valorem.

Style 373608 falls within the textile category designation 351. Based upon international textile trade agreements products of Moldova are neither 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.

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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