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NY M84983




July 19, 2006

CLA-2-62:RR:NC:N3:361 M84983

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. Jack Macken
Tompkins & Davidson, LLP
Counselors At Law
One Astor Place
1515 Broadway
New York, NY 10036-8901

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

Dear Mr. Macken:

In your letter dated July 6, 2006, you requested a tariff classification ruling on behalf of Avon Products, Inc. The submitted item will be returned to you as requested.

Style PP350772 is a woman’s pajama set constructed from 100 percent cotton knit fabric. The pajama top is made from pointelle knit fabric and has a rounded neckline with an openwork, sequined insert, long sleeves, and overlock stitching creating a “lettuce” edge at the bottom. The pajama bottoms are made from plain, jersey knit fabric, and are pull-on pants with an elasticized waistband and hemmed legs. Based on appearance, as well as the supporting marketing information, this style is considered sleepwear, and classified in heading 6108.

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

The pajamas fall 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.).

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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