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NY M83560




June 6, 2006

CLA-2-62:RR:NC:N3:360 M83560

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Ms. Erin Giang
E & E Company Limited
45875 Northport Loop East
Fremont, CA 94538

RE: The tariff classification of women’s pajamas from China

Dear Ms. Giang:

In your letter dated May 18, 2006, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style 5239 is a women’s pajama set consisting of a camisole top and tap pants constructed from 100 percent polyester woven fabric. The pajama top features a V-neckline trimmed with lace, adjustable spaghetti straps and an empire waist. The pajama bottom features an elasticized waist, side vents and slightly elasticized leg openings. Based on appearance, as well as, the merchandising information provided, the style is considered sleepwear and classified in heading 6208, HTS.

The applicable subheading for style 5239 will be 6208.22.0000, 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 man-made fibers. The duty rate will be 16 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 5239 falls within textile category designation 651. 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.

Sincerely,

Robert B. Swierupski
Director,

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