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NY M85853




August 23, 2006

CLA-2-61:RR:NC:WA:361 NY M85853

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Lisa York
Target Customs Brokers Inc.
33 South Sixth Street Mail Stop-3315
Minneapolis, Minnesota 55401

RE: The tariff classification of women’s knit sleepwear from Cambodia.

Dear Ms. York:

In your letter dated August 15, 2006, you requested a classification ruling for women’s knit sleepwear on behalf of Target Stores, Inc. The samples will be returned, as requested.

Style 203363 is a woman’s pajama bottom constructed from 100 percent cotton knit fabric. The pajama pants have an elasticized waistband with a drawstring, a patch pocket on each leg, and overlock stitching finishing the legs.

Style 203366 is a woman’s pajama bottom constructed from 100 percent cotton knit fabric. The pajama shorts have an elasticized waistband with a drawstring, a patch pocket on the right leg, and overlock stitching finishing the legs.

Although you have described the garments as sleepwear, their appearance is ambiguous and does not clearly demonstrate their use as such. However, you have provided supporting marketing information to substantiate this claim. Therefore, these styles will be considered sleepwear, and classified in heading 6108.

The applicable subheading for both 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/.

Both styles fall within 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.

As noted above, the submitted garment is classified as sleepwear. You have not indicated if the pajama tops and bottoms will be imported with matching pieces 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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