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NY L86217





August 2, 2005

CLA-2-61:RR:NC:WA:361 NY L86217

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6307.90.9889

Ms. Stephanie De Silva
Import/Export Analyst
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of women’s pajamas and sleep mask from China.

Dear Ms. De Silva:

In your letter dated July 5, 2005, you requested a classification ruling for a pair of woman’s pajamas and sleep mask from China. The sample will be returned, as requested.

The submitted item, style 1028074, is a pair of women’s pajamas and sleep mask. The pajamas are constructed from 90 percent nylon, 10 percent spandex knit fabric. The pajama top is a camisole styled garment with adjustable shoulder straps and knit openwork trim around the neckline, partly covering the shoulder straps, below the bust, and finishing the bottom. The garment also has 4 ½ inch side slits. The thong pajama bottom has knit openwork trim around the waistband and partially around the leg openings. The pajamas will be imported and sold with a sleep mask.

The applicable subheading for the pajamas of style 1028074 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses of man-made fibers. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the sleep mask of style 1028074 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles including dress patterns: Other. The rate of duty will be 7 percent ad valorem.

The pajamas of style 1028074 fall within the textile category designation 651. 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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