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NY M86205




September 27, 2006

CLA-2-61:RR:NC:WA:361 NY M86205

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Ms. Donna L. Shira
Sharretts, Paley, Carter, & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

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

Dear Ms. Shira:

In your letter dated September 5, 2006, you requested a classification ruling for women’s knit sleepwear on behalf of Millard, Inc. The samples will be returned, as requested.

Style GS 46100 is a woman’s pajama top constructed from 100 percent acrylic knit fabric. The camisole styled pajama top has adjustable shoulder straps, a V neckline in front, and a narrow rib knit bottom.

Style GS 46101 is a woman’s pajama pant constructed from 100 percent acrylic knit fabric. The pajama pants have an elasticized waistband and a narrow rib knit finish to the legs.

Style GS 46102 is a woman’s long wrap robe constructed from 100 percent acrylic knit fabric. The robe has long sleeves, a full front opening with an inner tie closure, and a narrow rib knit bottom. The robe also has a self-fabric belt that is considered a composite with the robe. The robe provides the essential character, and both items are classified under the Harmonized Tariff number for the robe.

Based on appearance as well as the supporting marketing information, the pajama top and bottom are considered sleepwear, and classified in heading 6108.

The applicable subheading for styles GS 46100, GS 46101, and GS 46102 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's ...pajamas, bathrobes, and similar articles, knitted or crocheted: of man-made fibers. 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/.

Styles GS 46100, GS 46101, and GS 46102 fall within textile category designation 650. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

As noted above, styles GS 46100 and GS 46101 are 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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