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NY L85914




July 22, 2005

CLA-2-61:RR:NC:WA:361 NY L85914

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Melissa Fox
Barthco International, Inc.
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of woman’s knit pajamas from Turkey.

Dear Ms. Fox:

In your letter dated June 30, 2005, you requested a classification ruling for a pair of women’s pajamas on behalf of Sugartown Worldwide, Inc. The garment will be returned as requested.

Style 63194 is a pair of women’s pajamas constructed from 95 percent cotton, five-percent spandex knit fabric. The pullover pajama top has a round neckline, short sleeves, and a plain, hemmed bottom. The neckline and sleeves are finished with ¼ inch capping. The ankle-length pajama bottoms have an elasticized waistband with a drawstring and hemmed leg openings.

Based on the appearance of the garments, as well as the supporting marketing information, the garments are considered sleepwear, and classified in heading 6108.

The applicable subheading for the pajamas will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spajamasknitted or crocheted: Of cotton. The duty rate will be 8.5 percent ad valorem.

The pajamas fall within 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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