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NY L84706





May 20, 2005

CLA-2-61:RR:NC:WA:361 NY L84706

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Margaret R. Polito
Neville Peterson LLP, Counselors at Law
17 State Street – 19th Floor
New York, NY 10004

RE: The tariff classification of women’s pajamas and pajama separates from China or Pakistan.

Dear Ms. Polito:

In your letter dated May 4, 2005, you requested a classification ruling for women’s pajamas and pajama separates on behalf of Creative Apparel Concepts, Inc. The submitted items will be returned, as requested.

Style BBR003W-P and coordinating style BBU002D, a pajama pant and pajama top, respectively, are constructed from lightweight 100% cotton knit fabric. Style BBR003W-P has an elasticized waistband with a drawstring and hemmed leg openings. Style BBU002D is a short sleeve pullover with a capped crew neckline and a hemmed bottom.

Style UVR026 and coordinating style UVA028D, a pajama short and pajama top, respectively, are constructed from lightweight 100% cotton knit fabric. Style UVR026 has an elasticized waistband with a drawstring and hemmed leg openings. Style UVA028D is a short sleeve pullover with a capped crew neckline and a hemmed bottom.

Based on the appearance of the submitted garments, as well as the submitted labeling and marketing information, they are considered sleepwear.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.5 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.5 percent ad valorem.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the pajamas fall within the textile category designation 351; when imported separately or without a matching component, the pajama tops or bottoms 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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