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NY L88988




December 8, 2005

CLA-2-61:RR:NC:WA:361 NY L88988

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. John Nagel, Origin Analyst
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 1st Floor
Winston-Salem, NC 27105

RE: The tariff classification of a woman’s knit pajama top from Turkey.

Dear Mr. Nagel:

In your letter dated November 22, 2005 you requested a classification ruling for a woman’s pajama top. The garment will be returned as requested.

Style JNPG is a woman’s pajama top constructed from 60 percent cotton, 40 percent rayon knit fabric. The pullover pajama top has a short sleeves, a rounded neckline, a decorative front tie, and a hemmed bottom with side slits.

Based on the garment itself, and the manner in which it will be marketed, it is considered sleepwear, classified in heading 6108.

The applicable subheading for the pajama top, style JNPG, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Pajamasand similar articles, knitted or crocheted: Of cotton. The duty rate will be 8.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The pajama top falls within 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 garment as a sleepwear top. You have not indicated if the top will be imported separately or if you intend to import these garments with matching sleepwear 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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