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NY L85238

June 9, 2005

CLA-2-61:RR:NC:WA:361 NY L85238


TARIFF NO.: 6108.91.0030

Mr. Frank Neely
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 1st Floor
Winston-Salem, NC 27105

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

Dear Mr. Neely:

In your letter dated May 4, 2005, with additional information provided in your letter of May 24, 2005, you requested a classification ruling for women’s pajama pants. The garment will be returned as requested.

Style 5171 is a pair of women’s pajama pants constructed from 51 percent cotton, 49 percent rayon knit fabric. The pull-on pajama pants have a knit openwork elasticized waistband and hemmed leg openings.

You have indicated in your letter that the fabric is a blend of 51 percent cotton, 49 percent rayon. Garments claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by U.S. Customs and Border Protection to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

Based on the garment itself, and the manner in which it will be marketed, it is considered sleepwear, classified in heading 6108.

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

The pajama bottom falls 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.


Robert B. Swierupski

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