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NY M85146




August 1, 2006

CLA-2-61:RR:NC:WA:361 NY M85146

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Carolyn B. Malina, Import/Export Manager Lands’ End, Inc.
2 Lands’ End Lane
Location #22-290
Dodgeville, WI 53595

RE: The tariff classification of women’s knit sleep separates from Turkey.

Dear Ms. Malina:

In your letter dated July 17, 2006, you requested a classification ruling for three women’s garments. The samples will be returned, as requested.

The submitted garments are all part of a sleepwear separates group, intended to be sold in the sleepwear section of an upcoming Lands End catalogue. The garments are all constructed from 95 percent cotton, 5 percent spandex knit fabric with knit openwork trim. Style 184966 is a long sleeve, V-neck pullover with knit openwork trim around the neckline and sleeves and a plain, hemmed bottom. Style 185029 is a sleeveless pullover with a U shaped neckline, openwork trim around the neckline, and a plain, hemmed bottom Style 185026 is a pair of ankle length pajama pants with a narrow elasticized waistband, and legs trimmed with knit openwork fabric. Based on the appearance of the garments themselves, as well as the supporting marketing information, the garments are considered sleepwear, and classified in heading 6108.

The applicable subheading for the three submitted styles 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 three styles 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.

You have referred to the submitted garments as sleepwear. You have not indicated if the bottoms and tops will be imported separately or if matching tops and bottoms will be imported in the same shipments. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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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