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NY M85168




August 03, 2006

CLA-2-62:RR:NC:N3:360 M85168

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010; 6208.21.0020

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s sleep separates from Indonesia

Dear Ms. Greener:

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

All of the submitted samples are women’s sleepwear separates constructed from 100 percent cotton woven fabric.

Item # 057-0730 is a pajama top that features long sleeves with cuffs, a collar, one chest pocket, side vents and a full front opening secured by six buttons.

Item # 057-0729 is a pajama bottom that features and elasticized drawstring waist and long hemmed legs.

Item # 057-0732 is a pajama bottom identical in styling to the above.

In your letter you stated that these garments are part of a mix and match marketing strategy and will be sold in the sleepwear department. Based on the appearance of the garments and the manner in which they will be marketed, we agree that the garments are sleepwear.

When imported separately (shipments of only tops or only bottoms) sleepwear separates cannot be classified as pajamas because they fail to meet the common and commercially understood definition of pajamas in their condition as imported. In their imported condition, the garments are separately classifiable under subheading 6208.91, HTS. Please note that if the top and bottom are imported together in equal numbers and matching sizes, they will be classified as pajamas under subheading 6208.21, HTS.

When imported separately, or when imported without a matching component, the applicable subheading for each top and bottom will be 6208.91.3010, 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: other: of cotton: other: women’s. The duty rate will be 11.2 percent ad valorem.

When imported together in equal quantities of matching pajama tops and bottoms, the applicable subheading will be 6208.21.0020, Harmonized tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other under shirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: other: women’s. The duty rate will be 8.9 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/.

When imported separately, all styles fall within textile category designation 352. When imported in equal quantities of matching bottoms and tops, the components 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. 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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