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NY L85478




June 29, 2005

CLA-2-62:RR:NC:N3:360 L85478

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Ms. Fox:

In your letter dated June 3, 2005, you requested a tariff classification ruling on behalf of Tellas Ltd., Inc. The submitted sample will be returned to you as requested.

Style 1Z0491 is a women’s pajama pant constructed from 100 percent cotton woven fabric. The garment features a drawstring waist, a functional button fly, a rear pocket and long hemmed legs.

Based on the appearance of the garment and the manner in which it will be marketed and sold, the garment is considered sleepwear.

The applicable subheading for style 1Z0491 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The duty rate will be 11.2 percent ad valorem.

Style 1Z0491 falls 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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