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NY N005743




January 25, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Mr. Paul Anuschat
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, OR 97208-8829

RE: The tariff classification of women’s pajama pants from China

Dear Mr. Anuschat:

In your letter dated January 18, 2007, you requested a classification ruling on behalf of Fred Meyer, Inc. The submitted samples will be returned to you as requested.

Style 24-3024 is a woman’s pajama pant constructed from 100 percent cotton yarn dyed woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

Style 24-3022 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

You have stated that these garments will be marketed and sold as sleepwear. Based upon the appearance of the garments and the manner in which they will be marketed, we concur with your contention that these garments are sleepwear items.

The applicable subheading for both styles will be 6208.91.3010, 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: others: of cotton: other: women’s. The duty rate will be 11.2 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/.

Both styles fall within textile category 352. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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