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NY L80636

December 1, 2004

CLA-2-61:RR:NC:WA:361 NY L80636


TARIFF NO.: 6108.31.0010

Mr. Djibril Makalou
Ann Taylor
1372 Broadway, 5th Floor
New York, NY 10018

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

Dear Mr. Makalou:

In your letter dated November 2, 2004, you requested a classification ruling for a woman’s pajama set.

The submitted samples, Style 87-117614 are a woman’s pajama set constructed from 95% cotton and 5% spandex knit fabric. The set is composed of a camisole style top and panty. The top of Style 87-117614 features a V-neckline, elasticized adjustable shoulder straps, and lettuce edging finishing the bottom. The top also has lace trim around the neckline and armholes, and a velvet bow at the center of the chest area. The bikini style panty of Style 87-117614 features lace around the waistline and leg openings.

Based on appearance as well as the merchandising information provided, the samples are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style 87-117614 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 87-117614 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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