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NY L80429




November 22, 2004

CLA-2-61:RR:NC:WA:361 NY L80429

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. Bernard Vieille, Manager, Customs Compliance Charming Shoppes, Inc.
450 Winks Lane
Bensalem, PA 19020

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

Dear Mr. Vieille:

In your letter dated October 25, 2004, you requested a classification ruling for two women’s pajama separates. The submitted items will be returned as requested.

Style 009081 is a woman’s pajama top constructed from 95 percent cotton, five-percent spandex lightweight knit fabric. The pajama top has a hood, long sleeves, and a banded bottom.

Style 009080 is a matching woman’s pajama bottom constructed from 95 percent cotton, five-percent spandex lightweight knit fabric. The pants-length pajama bottom has an elasticized waistband with a drawstring on the inside, and hemmed leg openings with side slits and snap closures.

You have referred to the garments as a sleepwear separates. Based on appearance, as well as the supporting marketing information provided, the garments will be classified as sleepwear in heading 6108.

The applicable subheading for styles 009081 and 009080 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamasand similar articlesknitted or crocheted: Of cotton: other. The duty rate will be 8.5% ad valorem.

Styles 009081 and 009080 fall within textile category designation 350. Based upon international textile trade agreements this category from Indonesia is not subject to quota, nor to 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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.

In your letter you referred to the submitted garments as sleepwear separates. You have not indicated if matching sleepwear tops and bottoms will be imported on the same shipment. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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