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NY N024008

March 27, 2008



TARIFF NO.: 6108.31.0010

Ms. Leigh Beckford
Vandegrift Forwarding Company, Inc.
230-19 Intl’t Airport Center, Suite 250 Jamaica, NY 11413

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

Dear Ms. Beckford:

In your letter dated February 26, 2008, on behalf of your client H & M Hennes & Mauritz, LP, you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style #240690/1340, is a woman’s pajama set constructed from 100% cotton knit fabric. The set is composed of a top, and pants. The top of Style #240690/1340 is a pullover style top and features short sleeves, a round rib knit neckline, a screen-printed “snoopy” logo and picture at the chest area, and a hemmed bottom. The pants of Style #240690/1340 feature a wide elasticized waistband with a drawstring, two front pockets, a screen-printed “snoopy” logo on the rear panels, and long hemmed leg openings.

Based on appearance, 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 #240690/1340 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's knit pajamas 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 #240690/1340, 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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