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NY L86764




August 31, 2005

CLA-2-61:RR:NC:WA:361 NY L86764

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of women’s sleepwear from China.

Dear Ms. Baron:

In your letter dated July 8, 2005, received on August 1, 2005, you requested a classification ruling for woman’s sleepwear on behalf of Dreamwear. The samples will be returned, as requested.

Style 9341A/9341P is a pair of women’s pajamas constructed from 90 percent polyester, 10 percent spandex knit fabric. The pajama top is a sleeveless, tunic length garment that has adjustable shoulder straps, a U-shaped neckline in front, and a plain, hemmed bottom. The pajama bottom is a panty with elasticized waist and leg openings. Both garments have embroidered decorations on the front.

Style 9341E/9341L is a pair of women’s pajamas constructed from 90 percent polyester, 10 percent spandex knit fabric. The pajama top is a camisole styled garment with shoulder straps, a U-shaped neckline in front, and a plain, hemmed bottom. The pajama bottom is a panty with an elasticized waistband and hemmed leg openings. Both garments have embroidered decorations on the front.

Style 9320A/9320P is a pair of women’s pajamas constructed from 85 percent nylon and 15 percent spandex knit fabric. The pajama top is a sleeveless, tunic length garment that has adjustable shoulder straps, and a modified V-shaped neckline in front. The neckline and bottom panel are finished with knit openwork fabric. The pajama bottom is a panty with elasticized waist and leg openings. The bottom has a front panel of knit openwork fabric that matches the fabric of the top.

Style 9331A/9331P is a pair of women’s pajamas constructed from 85 percent polyester and 15 percent spandex knit fabric. The pajama top is a short sleeve, tunic length garment that has a modified V-shaped neckline in front and a plain, hemmed bottom. The front neckline is finished with knit openwork fabric. The pajama bottom is a panty with elasticized waist and leg openings.

Based on the appearance of the garments, as well as the supporting marketing information provided, the garments are considered sleepwear, and classified in heading 6108. You have also indicated that the companion garments may be imported in equal quantities as sets, or separately.

When matching pajama tops and pajama bottoms are imported in equal quantities on the same shipment, the applicable subheading for the pajama sets will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of man-made fibers. The rate of duty will be 16 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and/or pajama bottoms will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of man-made fibers. The rate of duty will be 16 percent ad valorem.

When matching pajama tops and pajama bottoms are imported in equal quantities on the same shipment, the pajama sets fall within the textile category designation 651; when imported separately, or when imported without a matching component, pajama tops and/or pajama bottoms fall within the textile category designation 650. 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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