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NY J85964




July 15, 2003

CLA-2-62:RR:NC:N3:360 J85964

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Ms. Sheila K. Stromberg
Cerie North America, Inc.
7371 Kirkwood Avenue
No#136
Maple Grove, MN 55369

RE: The tariff classification of women's pajamas from China

Dear Ms. Stromberg:

In your letter dated July 1, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

The submitted sample, style 235-1011, is a pair of women’s pajamas constructed from 100 percent polyester woven fabric. The pajama top features long sleeves, an open V-neckline with a button and loop closure and side vents. The pajama pants feature a drawstring elasticized waist and long hemmed legs.

You have indicated that style 235-1011 will be produced, imported and sold at retail as a set. Based on the appearance of the style, and the marketing information provided, the items are considered sleepwear.

The applicable subheading for the pajamas will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16.2 percent ad valorem.

The pajamas fall within textile category designation 651. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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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