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NY L82946





August 12, 2005

CLA-2-61:RR:NC:WA:361 NY L82946

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Stephanie De Silva
Import/Export Analyst
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

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

Dear Ms. De Silva:

In your letter dated July 26, 2005, you requested a classification ruling for a pair of woman’s pajamas. The sample will be returned, as requested.

The submitted item, style 294426, is a pair of women’s pajamas constructed from 95 percent cotton, 5 percent spandex knit fabric. The pajama top is a camisole styled garment with adjustable shoulder straps and a plain, hemmed bottom. The word “Angel” is spelled out in small rhinestones. The pull-on pajama shorts have an elasticized waistband and hemmed leg openings. Based on the appearance of this style, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108.

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

The pajamas fall within the textile 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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