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NY L80840




December 3, 2004

CLA-2-62:RR:NC:N3:360 L80840

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Mr. Bernard Vieille
Charming Shoppes, Inc.
450 Winks Lane
Bensalem, PA 19020

RE: The tariff classification of women's pajama set from China

Dear Mr. Vieille:

In your letter dated November 10, 2004, you requested a ruling on tariff classification. The submitted sample will be returned to you as requested.

Style 009169 is a woman’s babydoll style pajama set constructed from 100 percent polyester woven fabric. The upper portion of the babydoll extends from the shoulders to the hips and features shaped cups, adjustable shoulder straps and a bra-type hook and eye closure in the back. The cups are covered with lace and the bust area is in chief weight of nylon. The bottom piece is a string bikini with elasticized waist and leg openings.

Although you have proposed classification of this style as a slip and panty, based on its appearance we believe style 009169 is correctly considered negligee-styled sleepwear classifiable under heading 6208.

The applicable subheading for style 009169 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16 percent ad valorem.

Style 009169 falls within textile category designation 651. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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