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NY N006871




March 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Carolyn B. Malina
Lands’ End, Inc.
2 Lands’ End Lane
Location #22-290
Dodgeville, WI 53595

RE: The tariff classification of women’s sleep separates from Turkey.

Dear Ms. Malina:

In your letter dated February 5, 2007, you requested a classification ruling for women’s sleep separates.

The submitted samples are described as follows:

Style #249042 – A woman’s pajama bottom (pants) constructed from 94% cotton, and 6% spandex knit fabric. The garment features an elasticized waistband with a drawstring, and overlock stitching finishing the leg openings.

Style #249047 – A woman’s pullover style sleep top constructed from 94% cotton and 6% spandex knit fabric. The garment features a scoop neckline with a drawstring, short sleeves, and overlock stitching finishing the bottom and the sleeves.

Style 249086 cannot be ruled upon due to the presence of an inner shelf-bra. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom.

Beginning June, 2005, the issue of the classification of an upper body garment with a bra has been filed with the United States Court of International trade by several different importers. Thus, the issuance of a classification ruling for style 7123-1108 would be inconsistent with 19 C.F.R. §177.7(b).  

Your letter references Style #249104, a pair of women’s waffle knit sleep pants. However, a women’s waffle weave knit sleep top was submitted. We cannot rule upon Style 249104 without the correct sample. Should you wish a binding ruling on the sleep pants, please resubmit your ruling request with the correct sample.

You have indicated that the pajama top, Style 249047 and the pajama bottom, Style 249042 will be sold as part of a “mix and match” sleepwear group. Based on the appearance of the submitted garments, as well as the submitted marketing information, they are considered sleepwear.

We are returning your samples as you requested.

The applicable subheading for the pajama separates, Styles 249042 and 249047, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s knitpajamas and similar articles of cotton, other, women's. The rate of duty will be 8.5% ad valorem.

The pajama separates, Styles 249042 and 249047 fall within 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.

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,
National Commodity

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