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NY L85634




July 12, 2005

CLA-2-61:RR:NC:WA:361 NY L85634

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Talbots
174 Beal Street
Hingham, MA 02043
Attn. Ms. Karen Riggs, Manager U.S. Operations

RE: The tariff classification of women’s three-piece pajama sets from Hong Kong.

Dear Ms. Riggs:

In your letter dated June 15, 2005, you requested a classification ruling for two styles of women’s three-piece pajama sets. The samples will be returned, as requested.

Style 55103049 is composed of three pieces, a tank styled garment, a cardigan styled garment, and pants, all constructed from 100 percent cotton knit fabric. The cardigan and pants are made in identical print fabric, the tank top is made in a coordinating solid color. The cardigan styled garment has a V neckline, a full front opening with button closures, and long sleeves. The opening, neckline, bottom, and sleeves are all trimmed and finished with lace like edging. The tank top styled garment has ¼ inch elasticized adjustable shoulder straps, and a modified U-shaped neckline in front and back. The armholes, neckline and bottom are all trimmed and finished with the same lace like edging. The pull-on pajama pants have an elasticized waistband and leg openings trimmed and finished with the same lace like edging.

Style 55103047 is also composed of three pieces, a tank styled garment, a cardigan styled garment, and pants, all constructed from 100 percent cotton knit fabric with woven satin trim. The cardigan and pants are made in identical print fabric, the tank top is made in a coordinating solid color. The cardigan styled garment has a round neckline, a full front opening with button closures, and long sleeves. The buttons are satin covered and the neckline is satin trimmed. The sleeves and bottom are finished with overlock stitching forming a “lettuce” edge. The tank top styled garment has ¼ inch adjustable shoulder straps, and a modified U-shaped neckline in front and back. The shoulder straps are made from the satin fabric; the armholes and neckline are finished with satin capping; the bottom is finished with overlock stitching creating a “lettuce” edge. The pull-on pajama pants have a partially elasticized waistband and leg openings finished with overlock stitching creating a “lettuce” edge. A portion of the front of the waistband is made from satin fabric.

Based on appearance, and the manner in which they will be marketed, the garments are considered sleepwear. The matching cardigan styled top and the pants for both styles are considered pajamas. You have also indicated that the three items that make up each of the styles will be sold as a unit. Since pajamas consist of two pieces – one to cover the upper portion of the body, and one for the lower, the tank top of each style, although still considered sleepwear, cannot be classified as a part of a pajama set with the other two garments. Therefore, these garments will be classified separately as garments “similar to sleepwear.”

The applicable subheading for the pajamas of styles 55103049 and 55103047 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.

The applicable subheading for the tank top styled garments of styles 55103049 and 55103047 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamasand similar articles, of cotton. The rate of duty will be 8.5 percent ad valorem.

The pajamas fall within textile category designation 351; the tank top styled garments fall within the 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,

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