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NY L81937




February 11, 2005

CLA-2-61:RR:NC:WA:361 NY L81937

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6114.20.0010

Ms. Beth Craig
Beth Craig & Associates, Inc.
790 Atlanta South Parkway, Suite 200
Atlanta, GA 30349

RE: The tariff classification of a pair of women’s pajamas, nightgown and bras, from Hong Kong.

Dear Ms. Craig:

In your letter dated January 12, 2005, on behalf of your client Label It Inc., you requested a tariff classification ruling.

The following samples are described as follows:

Style Bee Mine - Consists of a woman’s nightgown and top constructed from 100% cotton knit fabric. The sleeveless nightgown extends from the neck to the mid-thigh area and features a V-neckline in front, elasticized adjustable shoulder straps, and a slit at the left side. The garment also has lace trim around the front of the neckline, slit and bottom. The top of Style Bee Mine does not reach the waist and features a modified V-neckline in front, elasticized adjustable shoulder straps, and an elasticized banded bottom.

2. Style Sunee Girl – Consists of a woman’s two-piece pajama set and a top constructed from 100% cotton knit fabric. The top of the pajama set features elasticized shoulder straps, a modified U-shaped neckline in front, and lettuce edging finishing the bottom. The garment has lace trim around the front of the neckline. The pull-on bottom of the pajama set features an elasticized waistband, and lace trim around the leg openings. The top of Style Sunee Girl does not reach the waist and features a modified V-neckline in front, elasticized adjustable shoulder straps, and an elasticized banded bottom.

Based on the appearance, as well as supporting information, the nightgown of Style Bee Mine, and the pajama set of Style Sunee Girl, is considered sleepwear and classified in heading 6108. Based both on their appearance and marketing information provided, the tops of both styles are not sleepwear.

The applicable subheading for the nightgown of Style Bee Mine, and the pajama set of Style Sunee Girl, 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.

The applicable subheading for the top of Style Bee Mine, and the top of Style Sunee Girl, will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, tops, women’s. The rate of duty will be 10.8% ad valorem.

The nightgown of Style Bee Mine and the pajama set of Style Sunee Girl, falls within textile category designation 351. The top of Style Bee Mine and the top of Style Sunee Girl falls within textile category designation 339. 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. 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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski

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