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NY N016281

August 28, 2007



TARIFF NO.: 6108.31.0010

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY11434

RE: The tariff classification of a woman’s pajama set from China.

Dear Mr. Spoto:

In your letter dated August 23, 2007, on behalf of your client USA Wholesale Trading, Inc. you requested a classification ruling.

The submitted sample, Style #A5198, is a woman’s pajama set constructed from 60 percent cotton and 40 percent polyester knit fabric. The 2 piece set is composed of a sleep top and sleep pants. The top extends below the waist has short sleeves finished with capping, a capped V-shaped neckline, a partial front opening with a two button closure, embroidery on the front and a hemmed bottom with side slits. The pants feature an elasticized waistband with a drawstring, two front side pockets with embroidery and hemmed leg openings with a side slit.

Based on appearance as well as the merchandising information provided, the top and pants are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style # A5198 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women's pajamas, knitted or crocheted: Of cotton: Women’s. The rate of duty will be 8.5% 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 pajama set, Style # A5198, falls within textile category 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Peggy Fitzgerald at 646-733-3052.


Robert B. Swierupski
National Commodity

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