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NY L82981

February 17, 2005

CLA-2-62:RR:NC:N3:360 L82981


TARIFF NO.: 6208.92.0030

Ms. Sherri Desjardins
Menlo Worldwide Trade Services
1555 W. 23rd Street
P.O. Box 610715
Dallas, TX 75261

RE: The tariff classification of a woman's pajama top from Morocco or France

Dear Ms. Desjardins:

In your letter dated February 1, 2005, you requested a tariff classification ruling on behalf of Courtauld's Textiles America Inc. The submitted sample will be returned to you as requested.

Style 4789, 1062SC or 179896 is a woman’s pajama top constructed from 95 percent polyester and 5 percent spandex woven fabric. The garment is sleeveless and features a wrap front with self-fabric ties that fasten under the bust. The neckline and front opening has a ribbon and crocheted trim. You have indicated that this garment will be displayed with coordinating pieces.

Based on the appearance of the garment and the manner in which it will be advertised and sold, this item is considered sleepwear.

The applicable subheading for pajama top will be 6208.92.0030, 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: other: of man-made fibers: other: women’s. The rate of duty will be 16 percent ad valorem.

The pajama top falls within textile category designation 652. 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.


Robert B. Swierupski

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