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NY M83888




June 26, 2006

CLA-2-62:RR:NC:N3:361 M83888

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030; 6108.92.0040

Ms. Rhoda Salus
Sandler, Travis & Rosenberg, P. A.
Attorneys at Law
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of women’s and girls’ knit pajama separates from China.

Dear Ms. Salus:

In your letter dated June 2, 2006, you requested a tariff classification ruling on behalf of GoEastDirect. The submitted items will be returned to you as requested.

The submitted style, “Starry Night” is a pajama pant constructed from 100 percent polyester lightweight fleece knit fabric. The pajama pant has a waistband with a draw cord, side seam pockets, and hemmed legs. The garment will be imported in both women’s and girls’ sizes. A representative sample of each size range has been submitted. Based on appearance, as well as the supporting marketing information, the garments are considered sleepwear, classified in heading 6108.

The applicable subheading for the woman’s sized pajama separate will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’pajamas and similar articles, knitted or crocheted: Of man-made fibers: Other: Women’s. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the girls’ sized pajama separate will be 6108.92.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’pajamas and similar articles, knitted or crocheted: Of man-made fibers: Other: Girls’. The rate of duty will be 16 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 separates for both women and girls fall within textile category designation 650. 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.).

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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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