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NY L82688




March 23, 2005

CLA-2-61:RR:NC:WA:361 NY L82688

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. John Nagel
Sara Lee Branded Apparel
International Trade Department
1000 E. Hanes Mill Road
Winston-Salem, NC 27105

RE: The tariff classification of women’s pajamas from Turkey.

Dear Mr. Nagel:

In your letter dated February 17, 2005, you requested a classification ruling for a women’s pajama set.

The submitted samples, Style HH7F, are a woman’s pajama set constructed from 95% cotton and 5% spandex knit fabric. The set is composed of a camisole style top and panty. The top of Style HH7F features a modified V-neckline with a satin bow stitched at the center front, elasticized adjustable shoulder straps, an all-over design, and a hemmed bottom. The top also has ric-rac edging around the front of the neckline and armholes. The bikini style panty of Style HH7F features an elasticized waist, piping trim down both sides, and hemmed leg openings.

Based on appearance as well as the merchandising information provided, the samples are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style HH7F will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.5% ad valorem.

Style HH7F falls within category designation 351. 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. 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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