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NY M80625

March 23, 2006

CLA-2-61:RR:NC:TA:361 M80625


TARIFF NO.: 6108.91.0030

Ms. Christine Lanoue
Import Department
1 Talbots Drive
Hingham, MA 02043

RE: The tariff classification of women’s pajama separates from Hong Kong.

Dear Ms. Lanoue:

In your letter dated February 18, 2006, you requested a classification ruling. The provided samples will be returned as per your request.

Four samples were provided for review. Style 65103055 is a women’s cardigan-styled garment constructed of a 96% cotton 4% nylon knitted fabric. The garment features a front rounded neckline, long sleeves, a full front opening secured by nine snaps, side vents, capping at the neckline, and self-fabric trim at the garment bottom and sleeves.

Style 65103021 is a women’s tank top styled garment constructed from a 100% cotton knitted fabric. The garment features narrow shoulder straps, a lace trimmed U shaped neckline in front and back, a hemmed bottom, and capping at the upper garment edges.

Style 65103024 is a women’s top constructed of a 100% cotton knitted fabric. The garment features hemmed long sleeves, a rounded front neckline with a partial opening secured by eight buttons, capping at the neckline, and a slightly curved hemmed bottom.

Style 65103047 is a pair of women’s pull-on pants constructed of a 96% cotton 4% nylon knitted fabric. The garment features a fabric covered elasticized waistband with a drawstring, side vents at the leg openings, one backside pocket, and flatlock stitching at the seams and the hemmed bottom.

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

The applicable subheading for all four styles will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women's knit ...pajamasand similar articles, of cotton. The rate of duty 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/.

All four styles 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.

In your letter you referred to the garments as pajama separates. You have not indicated if the garments will be imported separately or if you intend to import these garments with matching sleep components (tops or bottoms). If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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 DeGaetano at 646-733-3052.


Robert B. Swierupski

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