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NY J87800





September 4, 2003

CLA-2-61:RR:NC:WA:361 NY J87800

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Jeannine Greener – Import Specialist Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

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

Dear Ms. Greener:

In your letter dated July 31, 2003, you requested a classification ruling for a woman’s pajama top.

The submitted sample, a woman’s pajama top, will be imported under Style #045-1133 (regular size), Style #045-1134 (petite size), and Style #045-1135 (tall size) and Style #045-1136 (plus size). The tank style garment features a modified U-shaped neckline, shoulder straps approximately 1½" in width, and a hemmed bottom.

You have indicated that the pajama top will be sold as part of a “mix and match” sleepwear group. Based on its appearance, and the merchandising information you have provided, the garment is considered sleepwear.

We are returning your sample as you requested.

The applicable subheading for the pajama top, Style #045-1133 (regular size), Style #045-1134 (petite size), and Style #045-1135 (tall size) and Style #045-1136 (plus size), will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit.pajamas and similar articles, knitted or crocheted, other, of cotton, other, women’s. The rate of duty will be 8.6% ad valorem.

The pajama top, Style #045-1133 (regular size), Style #045-1134 (petite size), and Style #045-1135 (tall size) and Style #045-1136 (plus size), falls within the textile category designation 350. Based upon international textile trade agreements, category 350 from Mauritius is not subject to visa requirements or 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 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 19CFR 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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