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NY M84743




July 12, 2006

CLA-2-61:RR:NC:WA:361 NY M84743

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6108.91.0030

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of two women’s sleepwear garments from China.

Dear Ms. Fox:

In your letter dated June 26, 2006, you requested a classification ruling for two women’s knit garments on behalf of Ariela Alpha International LLC. The submitted samples will be returned to you, as requested.

Style FF17600 is a pull-on pants styled pajama bottom constructed from 100 percent cotton knit fabric. The pajama pants have a ½ inch elasticized waistband, and legs finished with 2-½ inch lace-like knit trim. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style FF17501 is a pull-on pants constructed from 100 percent cotton knit fabric. The pants have a 2-¼ inch elasticized waistband with a drawstring and hemmed legs. The pants also have a rear patch pocket, designated a “gadget pocket.”

You have referred to style FF17501 as a sleep pant, however, based both on its appearance, and the manner in which this style will be marketed, the garment is capable of multiple uses. As such, it will not be classified as sleepwear in heading 6108.

The applicable subheading for styles FF17600 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’spajamasand similar articles, knitted or crocheted: Of cotton: Other. The duty rate will be 8.5% ad valorem.

The applicable subheading for styles FF17501 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’strousersknitted or crocheted: Of cotton. The duty rate will be 14.9% 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 FF17600 falls within textile category designation 350; style FF17501 falls within textile category designation 348. 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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