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NY M81528




April 7, 2006

CLA-2-61:RR:NC:TA:361 M81528

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. Steve Fodor
Customs Services & Solutions Inc.
P.O. Box 5644
Douglasville, GA 30154

RE: The tariff classification of woman’s knit pajamas from China.

Dear Mr. Fodor:

In your letter dated February 16, 2006, you requested a classification ruling on behalf of Runaway Rabbitt LLC.

Style 328 is woman’s pajamas constructed of a printed 100% cotton knitted fabric. The pullover styled pajama top has a v-neckline, short sleeves, and overlock stitching finishing the sleeves and bottom of the garment. The overlock stitching creates a “lettuce” edge. The pull-on pajama pants have an elasticized waistband with a drawstring and hemmed leg openings. Based on appearance as well as the merchandising information provided, the style is considered sleepwear and classified in heading 6108.

The applicable subheading for Style 328 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s pajamas knitted or crocheted: Of cotton. 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/.

Style 328 falls within textile category designation 351. 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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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