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NY M81850




April 21, 2006

CLA-2-61:RR:NC:WA:361 NY M81850

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Jayne Uronis, Customs Coordinator
Redcats USA
463 Seventh Avenue
New York, NY 10018

RE: The tariff classification of five women’s sleepwear garments from Turkey.

Dear Ms. Uronis:

In your letter dated March 29, 2006, you requested a classification ruling for sleepwear items. The samples will be returned, as requested.

The six submitted garments are a mix and match sleepwear grouping consisting of the following individual items: Style 30718, a pullover pajama top with a notched neckline, long sleeves, and a hemmed bottom. The neckline and sleeves are finished with ¼ inch contrasting rib knit capping Style 30729, a pullover pajama top with a partial placket opening and five button closure, long sleeves with cuffs, and the bottom finished with overlock stitching Style 30730, a sleeveless pullover pajama top with a U-shaped neckline, and the bottom finished with overlock stitching Style , a pajama top with a full front opening with snap closures, a V neckline, long sleeves, and a hemmed bottom. The neckline, front opening and sleeves are finished with ¼ inch contrasting rib knit capping. Style 30687, a pajama bottom (pants) with an elasticized waistband and hemmed leg openings Style 30702, a pajama bottom (Capri pants) with an elasticized waistband and hemmed leg openings with side slits. All of the garments are constructed from 100 percent cotton lightweight knit fabric, except those in heather grey, which will be made from 65 percent cotton, 35 percent polyester lightweight knit fabric.

You have indicated that equal numbers of the above grouping of garments will be imported together in the same shipment. You have also provided information showing that they will be sold as mix and match pajama separates. The garments, therefore, will be considered sleepwear and classified in heading 6108.

The applicable subheading for the set of garments consisting of styles 30729 (pajama top)/30687 (pajama pants) and for the set of garments consisting of styles 30730 (pajama top) and 30702 (pajama pants) will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.5 percent ad valorem.

The applicable subheading for the individual garments designated style 30718 and style 30723 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's ...pajamas and similar articles, knitted or crocheted: of cotton. The rate of duty 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 set of garments consisting of styles 30729 (pajama top)/30687 (pajama pants) and for the set of garments consisting of styles 30730 (pajama top) and 30702 (pajama pants) fall within the textile category designation 351; the individual garments designated style 30718 and style 30723 fall within the 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.

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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