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NY M85390




August 17, 2006

CLA-2-62:RR:NC:N3:360 M85390

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s pajama separates from Cambodia

Dear Ms. Greener:

In your letter dated July 26, 2006, you requested a classification ruling. The submitted samples will be returned to you as requested.

Item number 045-1863 (regular) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long hemmed legs. This garment will also be imported in petite, tall and plus sizes under item number 045-1864, 045-1865 and 045-1866.

Item number 045-1895 (regular) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

Item number 045-1859 (regular) is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features long sleeves, a notched collar, one chest pocket with contrasting colored trim, side vents and a full front opening secured by six buttons. This garment will also be imported in petite, tall and plus sizes under item numbers 045-1860, 045-1861 and 045-1862.

Based on the appearance of the garments and the manner in which they will be marketed, the garments are considered sleepwear.

The applicable subheading for all styles will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The duty rate will be 11.2 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/.

All styles fall within textile category designation 352. 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.

In your letter you referred to the garments as pajama separates. You have not indicated if the garments will be imported separately or if you intend to import these garments with matching sleep components (tops or bottoms). 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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