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NY N003994




December 11, 2006

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.99.3020

Mr. Jon Nelson
Nordstrom, Inc.
1617 Sixth Avenue
Suite 1000
Seattle, WA 98101

RE: The tariff classification of women’s mix and match sleepwear components from Hong Kong

Dear Mr. Nelson:

In your letter dated November 24, 2006, on, you requested a classification ruling. The submitted samples will be returned to you as requested.

Style NO121278 is a woman’s pajama top constructed from 100 percent silk woven fabric. The top features a V-neckline and adjustable shoulder straps. The garment has lace trim around the top edge and hem. The top back edge is cut straight across from side seam to side seam.

Style NO115598 is a woman’s pajama bottom constructed from 100 percent silk woven fabric. The pant features a partially elasticized waist, a side opening secured by a two buttons and long hemmed legs.

You state that both styles are part of a mix and match marketing strategy and will be sold in the sleepwear department. Based both on their appearance and the manner in which they will be marketed, the garments are considered sleepwear.

When imported separately, or when imported without a matching component, the applicable subheading for each top and bottom will be 6208.99.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of other textile materials: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste: other. The duty rate will be 1.1 percent ad valorem.

When imported together in equal quantities, of matching pajama tops and bottoms, the applicable subheading for both styles will be 6208.29.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls; singlets or other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of other textile materials: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 1.1 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/.

When imported separately, both styles fall within textile category 752. When imported together, with equal quantities of matching tops and bottoms, both styles fall within textile category designation 751. 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.

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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