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NY L84479




May 25, 2005

CLA-2-61:RR:NC:WA:361 NY L84479

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. Frank Neely
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 1st Floor
Winston-Salem, NC 27105

RE: The tariff classification of women’s knit pajama pants from Turkey.

Dear Mr. Neely:

In your letter dated April 28, 2005, you requested a classification ruling for women’s pajama pants. The item will be returned as requested.

Style 5078 is a pair of women’s pajama pants constructed from 60 percent cotton, 40 percent polyester knit fabric. The pull-on pants have an elasticized waistband with a drawstring, a small patch pocket below the waistband on the left front panel, and cuffs finishing the leg openings.

Based on the garment itself, and the manner in which it will be marketed, the garment is considered sleepwear, classified in heading 6108.

The applicable subheading for the pajama pants will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Pajamasand similar articles, knitted or crocheted: Of cotton. The duty rate will be 8.5 percent ad valorem.

The pajama pants fall within textile category designation 350. 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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