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NY L84507




May 19, 2005

CLA-2-61:RR:NC:WA:361 NY L84507

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6208.91.3010

Ms. Peggy Montonera, Import Analyst
Sears Holding Corporation
3333 Beverly Road D5-257BA
Hoffman Estates, IL 60179

RE: The tariff classification of a woman’s three-piece pajama set from Cambodia.

Dear Ms. Montonera:

In your letter dated April 28, 2005, you requested a classification ruling for a woman’s three-piece pajama set. The submitted items will be returned, as requested.

Style 0232M is a woman’s three piece pajama set composed of a knit pajama top, a knit pajama bottom (short), and a woven pajama bottom (pants). The three garments will be purchased, imported, sold and merchandised as a set. None of the pieces will be available for purchase separately. The pajama top and the pajama shorts are constructed from 100 percent cotton knit fabric; the pajama pants are constructed from 100 percent cotton woven fabric. The knit sleeveless pajama top has a U-shaped neckline, shoulder straps, and a scalloped finish at the bottom. The knit pajama shorts have an elasticized waistband with a drawstring, and hemmed leg openings. The woven pajama pants have an elasticized waistband and hemmed leg openings.

Based on the appearance of the submitted garments, as well as the submitted labeling and marketing information, they are considered sleepwear.

The applicable subheading for the pajamas, consisting of the knit pajama top and the knit pajama bottom of style 0232M, 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% ad valorem.

The applicable subheading for the woven pajama bottom of style 0232M will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ...pajamas and similar articles: of cotton. The rate of duty will be 11.2 ad valorem.

The pajamas of style 0232M fall within the textile category designation 351; the woven pajama bottoms of style 0232M fall 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. 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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