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NY L85040




June 23, 2005

CLA-2-61:RR:NC:WA:361 NY L85040

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Elizabeth M. Cantu
JC Penny Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301

RE: The tariff classification of a woman’s sleep separate from Vietnam.

Dear Ms. Cantu:

In your letter dated May 17, 2005, you requested a classification ruling.

The submitted sample, Style #1G05033005DS is a woman’s pullover style sleep top constructed from 60% cotton, and 40% polyester brushed knit fabric. The garment features a capped neckline, long sleeves, and a hemmed bottom.

You have indicated that the pajama top will be sold as part of a “mix and match” sleepwear group. Based on appearance, and the merchandising information you have provided, the garment is considered sleepwear.

We are returning your sample as you requested.

The applicable subheading for the sleep top, Style 1G05033005DS, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of cotton, other, women's. The rate of duty will be 8.5% ad valorem.

Style 1G05033005DS falls 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,
National Commodity

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