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NY M86299




September 14, 2006

CLA-2-61:RR:NC:TA:361 M86299

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Christine Lanoue
Talbots
Import Department
1 Talbots Drive
Hingham, MA 02043

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

Dear Ms. Lanoue:

In your letter dated August 31, 2006, you requested a classification ruling. The provided samples will be returned as per your request.

Three samples were provided for review. Style 72103002 is a women’s sleepwear top constructed of a 100% cotton knitted fabric. The sleeveless garment features a front oval neckline, a rounded rear neckline, side seams, a hemmed bottom, crocheted flower appliqués at the left side neckline, and self-fabric capping at the upper garment edges.

Style 72103001 is a women’s sleepwear top constructed of a 100% cotton knitted fabric. The sleeveless garment features a front oval neckline, a rounded rear neckline, crocheted trim covering the side seams, a hemmed bottom, and self-fabric capping at the upper garment edges.

Style 72103005 is a women’s sleepwear pullover constructed from a 100% cotton knitted fabric. The garment features a V-shaped neckline with lettuce edge trim, hemmed short sleeves, side seams, and a hemmed bottom.

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

The applicable subheading for all three styles will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women's knit ...pajamasand similar articles, 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/.

All styles fall within textile category 350. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

In your letter you referred to the garments as sleepwear 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 Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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