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NY M82446




April 19, 2006

CLA-2-62: RR:NC:TA:N3:358 M82446

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Mr. Joseph Hoffacker
Barthco International, Inc.
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification and status under the Central America Free Trade Agreement (CAFTA) for girls’ pajamas from El Salvador

Dear Mr. Hoffacker:

In your letter dated April 11, 2006, on behalf of your client Dream Apparel Group LLC, you requested a ruling on the tariff classification and status under the Central America Free Trade Agreement (CAFTA) for two sets of girls’ pajamas from El Salvador.

The submitted samples, styles R443D72 and R443AU62 are girls’ shirt and pant pajama sets. The style R443D72 garments and style R443AU62 pant are woven polyester. The style R443AU62 shirt is knit polyester. Both pants have pull-on styling and fabric covered elasticized waistbands. The style R443D72 shirt has short sleeves, a shirt collar and a four button front opening that fastens right over left. The style R443AU62 shirt is a pullover with short puffed sleeves.

As requested, the submitted samples will be returned to you.

You state that the fabric used to manufacture the pajamas is made in Columbia or the United States and shipped in rolls to El Salvador where it is cut into component pieces and assembled into finished garments.

The applicable subheading for submitted styles R443D72 and R443AU62 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ nightdresses and pajamas, of man-made fibers. The rate of duty is 16 percent ad valorem.

The submitted samples fall 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.cpb.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.

Based on the information you supplied, the submitted pajama styles are eligible for duty free treatment under the Central America Free Trade Agreement (CAFTA).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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