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NY L84091

May 6, 2005

CLA-2-62:RR:NC:N3:360 L84091


TARIFF NO.: 6208.91.3010

Ms. Kelly De Barros
Appleseed’s, Inc.
30 Tozer Road
Beverly, MA 01915

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

Dear Ms. De Barros:

In your letter dated April 12, 2005, you requested a classification ruling. The submitted samples will be returned to you as requested.

Style 8052 is a woman’s pajama bottom constructed from 100 percent cotton woven yarn dyed flannel fabric. The garment features an elasticized waist and long hemmed legs. This garment will also be imported in printed fabric under style 8053.

The submitted garment is considered sleepwear, based both on its appearance and the manner in which it is advertised and sold. You have not indicated whether the garment will be imported with a matching top in the same shipment. If it is imported with a matching component in the same shipment, the two garments will be classified as pajamas.

The applicable subheading for style 8052/8053 will be 6208.91.3010, 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 cotton: other: women’s. The duty rate will be 11.2 ad valorem.

Style 8052/8053 falls within textile category designation 352. 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 Patricia Schiazzano at 646-733-3051.


Robert B. Swierupski

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