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NY L80944




December 16, 2004

CLA-2-61:RR:NC:WA:361 NY L80944

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Jeanine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s pajama separates from China.

Dear Ms. Greener:

In your letter dated November 12, 2004, your requested a classification ruling.

The submitted samples are described as follows:

1. A woman’s pajama top imported under Style 057-0573. The garment is constructed from 100% cotton knit fabric and features short sleeves, a modified U-shaped neckline, and a hemmed bottom. The garment also has textile bow at the center of the chest area.

2. A woman’s pajama top imported under Style 057-0574. The tank style garment is constructed from 100% cotton knit fabric and features a U-shaped neckline, embroidery on the front panel below the neckline, and a hemmed bottom.

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

We are returning your samples as you requested.

The applicable subheading for the pajama tops, Styles 057-0573 and 057-0574, 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, of cotton, other, women’s. The rate of duty will be 8.5% ad valorem.

The pajama tops, Styles 057-0573 and 057-0574, fall within the textile category designation 350. 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.

In your letter you referred to the submitted garments as pajama tops. You have not indicated if the tops will be imported separately or if you intend to import the garments in matching sleep bottoms. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. 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 19 CFR 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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