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NY L88010

October 31, 2005

CLA-2-62:RR:NC:N3:360 L88010


TARIFF NO.: 6208.91.3010

Ms. Lisa Martin
Sr. Analyst-Classification and Compliance Blue Star Imports, L.P.
150 Thorn Hill Road
Warrendale, PA 15086

RE: The tariff classification of women’s pajama bottoms from Vietnam, Bangladesh or Sri Lanka

Dear Ms. Martin:

In your letter dated September 29, 2005, you requested a tariff classification ruling on behalf of American Eagle Outfitters. The submitted samples will be returned to you as requested.

Styles 2524 and 2556 are women’s pajama bottoms constructed from 100 percent cotton woven fabric. Style 2524 has an elasticized waistband with a functional drawstring, a fly with a three snap closure and an elasticized hem with a functional drawstring at the bottom of each leg. Style 2556 is similarly designed but features a fly with a one snap closure.

Based on the appearance of the garments and the manner in which they will be marketed and sold, these styles are considered sleepwear.

The applicable subheading for styles 2524 and 2556 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 percent ad valorem.

Styles 2524 and 2556 fall 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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