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NY L88530




November 22, 2005

CLA-2-61:RR:NC:WA:361 NY L88530

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Lisa Girvin
Eddie Bauer
P. O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s sleep separates from Singapore.

Dear Ms. Girvin:

In your letter dated October 19, 2005, you requested a classification ruling for a woman’s pajama top and sleep separates.

The submitted samples are described as follows:

Style #057-0668 – A woman’s pullover style sleep shirt constructed from 60% cotton, and 40% soybean jersey knit fabric. The garment features short sleeves, a V-shaped neckline, a textile bow at the center of the V-shaped neckline, and lettuce edging finishing the bottom.

Style #057-0670 – A woman’s pajama bottom (shorts) constructed from 60% cotton, and 40% soybean jersey knit fabric. The garment features an elasticized waistband with a drawstring, and hemmed leg openings.

Style #057-0669 – A woman’s pajama top constructed from 60% cotton, and 40% soybean jersey knit fabric. The tank style garment features modified V-shaped neckline, elasticized lace shoulder straps, and lettuce edging finishing the bottom. The garment also has lace all around the neckline and armholes.

You have indicated that the pajama tops and bottoms will be sold as part of a “mix and match” sleepwear group. Based on the appearance of the submitted garments, as well as the submitted labeling and marketing information, they are considered sleepwear.

We are returning your samples as you requested.

The applicable subheading for the pajama separates, Styles 057-0668, 057-0669, and 057-0670 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of cotton, other, women's. The rate of duty will be 8.5% ad valorem.

The pajama separates, Styles 057-0668, 057-0669 and 057-0670 fall within 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 submitted garments as sleep tops and bottoms. You have not indicated if the tops and bottoms will be imported separately or if you intend to import the garments in matching sleep top and 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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