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NY L85255




June 9, 2005

CLA-2-61:RR:NC:WA:361 NY L85255

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Johanna Jin
J.W.E. Silk
180 Madison Avenue
New York, NY 10016

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

Dear Ms. Jin:

In your letter dated May 25, 2005, you requested a classification ruling for women’s pajamas.

The submitted item, style K2107119/8514 is a woman’s pajama set constructed from 95 percent cotton, five-percent spandex knit fabric. The pajama top has shoulder straps and a V-shaped neckline in front. The neckline, armholes and bottom are trimmed with ¼ inch capping. The panty styled pajama bottom has al elasticized waistband and leg openings trimmed with the same capping as is used on the top.

The garments are considered sleepwear, based on their appearance as well as the submitted marketing information.

The applicable subheading for style K2107119/8514 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.

Style K2107119/8514 falls 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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