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NY M81557




April 24, 2006

CLA-2-61:RR:NC:WA:361 NY M81557

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Erin Giang
E & E Company, Ltd.
45875 Northport Loop East
Fremont, CA 94538

RE: The tariff classification of a woman’s pajama set from China.

Dear Ms. Giang:

In your letter dated March 27, 2006, you requested a classification ruling for a woman’s pajama set.

The submitted sample, Style #21005/6 is a woman’s baby doll pajama set constructed from 100% polyester knit fabric. The pajama top of Style 21005/6 features a V-shaped neckline in front with a woven textile bow at the center, a straight back with a keyhole opening and a hook and loop closure, elasticized adjustable shoulder straps, and knit open-work fabric finishing the bottom. The garment also has elastic below the open-work bust area and around the top rear. The pajama bottom of Style 21005/6 is an abbreviated panty with a ¼ inch elasticized waistband, and elasticized finish to the leg openings.

Based on appearance, the top and panty are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for Style 21005/6 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's knit pajamas of man-made fibers, women’s. The rate of duty will be 16% 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/.

Style 21005/6 falls within 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,
National Commodity

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