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NY L86051




July 15, 2005

CLA-2-61:RR:NC:WA:361 NY L86051

CATEGORY: CLASSIFICATION

TARIFF NO.: 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 pajama separates from Macau.

Dear Ms. Riggs:

In your letter dated June 28, 2005, you requested a classification ruling for three styles of women’s pajama separates. The samples will be returned, as requested.

Style 61103006 is a pair of pajama pants constructed from 100 percent cotton knit fabric. The pajama pants have a partially elasticized waistband and hemmed leg openings.

Style 61103003 is a pajama top constructed from 100 percent cotton knit fabric. The pullover pajama top has a rounded neckline with openwork trim, long raglan sleeves with openwork trim, and a plain, hemmed bottom.

Style 61103002 is a pajama top constructed from 97 percent cotton, three-percent spandex knit fabric. The tank top styled pajama top has a V neckline in front and back, with openwork edging, capping finishing the armholes, and merrow stitching creating a “lettuce” edge finishing the bottom of the garment.

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

The applicable subheading for all three styles 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 three styles 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.

In your letter you referred to the garments as pajama separates. You have not indicated if the garments will be imported separately or if you intend to import these garments with matching sleep components (tops or bottoms). 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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