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NY N004256




December 15, 2006

CLA-2-62:RR:NC:WA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0030

Mr. Brian J. Murphy
Stein Shostak Shostak Pollack &O’Hara, LLP 865 South Figueroa Street, Suite 1388
Los Angeles, CA 90017

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

Dear Mr. Murphy:

In your letter dated December 7, 2006, you requested a classification ruling on behalf of Paradise Lingerie, Inc. The samples will be returned, as requested.

Style 8147 is a woman’s baby doll pajama set constructed from 82 percent nylon, 18 percent spandex knitted fabric. The pajama top has 1/8-inch adjustable shoulder straps, a knit openwork bust, and lettuce edging finishing the bottom. The front has two additional “fly-away” panels below the bust. The pajama bottom is thong styled.

Style 8448 is a woman’s pajama separate constructed from 100 percent nylon knit mesh fabric. The garment extends to the hips and has adjustable shoulder straps, a V neckline in front, a fly-away front below the bust, and overlock stitching finishing the edges.

Based on appearance, the garments are considered sleepwear. Pajamas consist of two pieces – one to cover the upper portion of the body, and one for the lower. Thus, while style 8147 is considered pajamas, style 8448, which only covers the upper body, cannot be classified as pajamas. Because style 8448 is still considered sleepwear, it will be classified as a garment “similar to sleepwear.” The applicable subheading for style 8147 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s pajamasknitted or crocheted: Of man-made fibers. The duty rate will be 16% ad valorem.

The applicable subheading for style 8448 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s pajamasand similar articles, knitted or crocheted: Of man-made fibers. The duty rate will be 16% 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 8147 falls within textile category 651; style 8448 falls within textile category 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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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