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NY L82150





February 11, 2005

CLA-2-61:RR:NC:WA:361 NY L82150

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Michelle Jolley, Classification Analyst Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of women’s knit sleepwear pants from Turkey.

Dear Ms. Jolley:

In your letter dated January 11, 2005, you requested a classification ruling for women’s knit pants. The item will be returned as requested.

The submitted garment, style HNDJ, is a pair of woman’s sleepwear pants constructed from 58 percent cotton, 38 percent polyester, and four-percent spandex knit fabric. The garment will also be imported under the same style number constructed from 96 percent cotton, four-percent spandex knit fabric. The sleep pants are Capri length and have an elastic waistband and hemmed leg openings. Based upon the appearance of the garment, as well as the marketing information provided, the garment is sleepwear, classified in heading 6108.

The applicable subheading for the pajama pants will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Pajamasand similar articles, knitted or crocheted: Of cotton: Women’s. The duty rate will be 8.5 percent ad valorem.

The pajama pants fall within 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.

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,

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