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NY L85596




June 24, 2005

CLA-2-61:RR:NC:WA:361 NY L85596

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Lisa York
Target Customs Brokers Inc.
33 South Sixth Street Mail Stop-3315
Minneapolis, Minnesota 55402

RE: The tariff classification of a woman’s knit pajama top from Vietnam.

Dear Ms. York:

In your letter dated June 8, 2005 you requested a classification ruling for a woman’s pajama top. The sample will be returned, as requested.

Style 128940 is a woman’s pullover styled pajama top constructed from 93 percent cotton, seven percent spandex lightweight knit fabric. The garment has a rounded capped neckline, short sleeves, and a plain, hemmed bottom.

Based on the appearance of the garments and the manner in which they will be marketed and sold, they are considered sleepwear of heading 6108.

The applicable subheading for the pajama top will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Pajamasand similar articles, knitted or crocheted: Of cotton. The duty rate will be 8.5 percent ad valorem.

The pajama top 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.

In your letter you have not indicated if the matching pajama tops and bottoms will be imported in the same shipments. 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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