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NY J81283




March 3, 2003

CLA-2-62:RR:NC:N3:360 J81283

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.92.0030

Ms. Nicole Trimble
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of a woman's pajama bottom from China

Dear Ms. Trimble:

In your letter dated February 11, 2003, you requested a tariff classification ruling on behalf of August Silk Inc. The sample submitted with your request will be returned to you under separate cover.

Style 8057 is a pair of women’s pajama bottoms constructed from 100 percent polyester woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

You have referred to the sample as a sleepwear separate. Based upon the appearance of the garment itself and the manner in which it will be marketed, the garment is considered sleepwear and is classifiable under heading 6208, HTS.

The applicable subheading for style 8057 will be 6208.92.0030, Harmonized Tariff Schedule of the United States (HTS), 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 man-made fibers: other: women’s. The rate of duty will be 16.1 percent ad valorem.

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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