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NY L89585

January 20, 2006

CLA-2-62:RR:NC:N3:360 L89585


TARIFF NO.: 6208.21.0010; 6108.91.0030

Mr. Steven Lo
Sun Express Int’l Inc.
147-48 182nd Street
2nd Floor
Jamaica, NY 11413

RE: The tariff classification of women’s pajamas and a knitted sleep top from Bangladesh, China and Jordan

Dear Mr. Lo:

In your letter dated December 27, 2005, you requested a tariff classification ruling on behalf of Benvin Industries LLC.

Style J00001 consists of a two-piece pajama set and a knitted sleep top. The pajamas are constructed from 100 percent cotton woven fabric and the top is constructed from 100 percent cotton knit fabric. The pajama top features long sleeves with cuffs, a notched collar, one chest pocket, side vents and a full front opening secured by five buttons. The pajama pant features an elasticized waist and long hemmed legs with cuffs. The knit top features a scooped neckline, adjustable shoulder straps and a straight hemmed bottom. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for the pajamas will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The duty rate will be 8.9 percent ad valorem.

The applicable subheading for the top will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ slips, petticoats, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of cotton: other: women’s. The duty rate will be 8.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The pajamas fall within textile category designation 351 and the top 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 Patricia Schiazzano at 646-733-3051.


Robert B. Swierupski

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