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NY L85303




June 24, 2005

CLA-2-62:RR:NC:N3:360 L85303

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.99.3020

Lisa Girvin
Import Specialist
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of women’s woven pajama separates from China

Dear Ms. Girvin:

In your letter dated May 27, 2005, you requested a classification ruling. The submitted samples will be returned as requested.

Design 24500391 is a women’s pajama top constructed from 100 percent silk woven fabric. The garment features a notched collar, long sleeves, a full front opening secured by six buttons and a hemmed bottom with side slits. The garment will be imported under style number 045-1684.

Design 24500392 is a women’s pull-on pajama pant constructed from 100 percent silk woven fabric. The garment features an elasticized waistband with a drawstring; patch pockets on the front; a non-functional, three-button fly and hemmed leg openings. The garment will be imported under style number 045-1692.

Based on the appearance of the garments and the manner in which they will be marketed and sold, they are considered sleepwear of heading 6208.

The applicable subheading for the silk pajama tops and silk pajama pants (designs 24500391 and 24500392) will be 6208.99.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamasand similar articles, other: of other textile materials: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 1.1 percent ad valorem.

The silk pajama tops and pajama pants (designs 24500391 and 24500392) fall within textile category designation 752. 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.

The submitted separates are of identical fabric, color and composition. You have indicated that the garments will not be sold as a set and will be part of a mix and match collection. However, you have not indicated if the matching pajama tops and bottoms will be imported in the same shipment. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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