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NY M86643




October 11, 2006

CLA-2-61:RR:NC:WA:361 NY M86643

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. Joseph R. Hoffacker
Barthco International, Inc.
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Mr. Hoffacker:

In your letter dated September 12, 2006, you requested a classification ruling for women’s knit sleepwear on behalf of Ariela Alpha International, LLC. The samples will be returned, as requested.

Style 8016 is a woman’s nightgown constructed from lightweight 100 percent cotton knit fabric. The sleeveless nightgown has braided shoulder straps, a V neckline in front, and overlock stitching finishing the bottom.

Style 9008 is a woman’s pajama bottom (shorts) constructed from lightweight 100 percent cotton knit fabric. The pajama shorts have a partially elasticized waistband with a drawstring, and hemmed legs.

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 style 8016 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's ...nightdressesknitted or crocheted: of cotton. The rate of duty will be 8.5 percent ad valorem. The applicable subheading for style 9008 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/.

Style 8016 falls within textile category designation 351; style 9008 falls within textile category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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