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NY L82033




February 11, 2005

CLA-2-62:RR:NC:N3:360 L82033

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Patty Kittel
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

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

Dear Ms. Kittel:

In your letter dated January 20, 2005, you requested a ruling on tariff classification. The submitted sample will be returned as requested.

Style RE5A101Y is a woman’s pajama bottom constructed from 100 percent cotton flannel fabric. The garment features an elasticized drawstring waist, a three-button fly front, pockets below the waist and long hemmed legs.

Based on the appearance of the garment and the manner in which it will be marketed and sold, the garment is considered sleepwear.

The applicable subheading for style RE5A101Y will be 6208.91.3010, 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 cotton: other: women’s. The rate of duty will be 11.2 percent ad valorem.

Style RE5A101Y falls within textile category designation 352. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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