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NY L83547

April 27, 2005

CLA-2-61:RR:NC:WA:361 NY L83547


TARIFF NO.: 6108.32.0010

Ms. Stephanie De Silva
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of a woman’s pajama set from China.

Dear Ms. De Silva:

In your letter dated March 28, 2005, you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style # PP1027470, is a woman’s sleepwear set constructed from 95% nylon and 5% spandex knit fabric. The set is composed of a camisole style top, and a panty. The top of Style PP1027470 features a V-shaped neckline in front, elasticized adjustable spaghetti straps, and overlock stitching finishing the bottom. The garment also has lace trim around the front of the neckline and a bow at the center. The bikini style panty of Style PP1027470 features an elasticized waistband, and elasticized leg openings.

Based on appearance as well as the merchandising information provided, the top and panty are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style PP1027470 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of man-made fibers, women’s. The rate of duty will be 16% ad valorem.

Style #PP1027470 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. 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.


Robert B. Swierupski

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