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NY N011374





May 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030, 6108.31.0010

Mr. Jason Ma
Leadertex Intl., Inc.
124 West 36th Street
7th Floor
New York, New York
10018

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

Dear Mr. Ma:

In your letter dated May 9, 2007, you requested a classification ruling for five women’s garments.

Style CC521P5W is a woman’s pajama set constructed from knit fabric. The pajama top is tank top style with adjustable shoulder straps and is constructed of 95 percent cotton 5 percent spandex. The pajama bottom is a matching pair of pants and is constructed of 100 percent cotton. The garments will be imported and sold as a pajama set.

Style L370206 is a woman’s tank top styled pajama top constructed from 100 percent cotton knit fabric. The pajama top extends below the waist and is hemmed at the bottom. It is sleeveless with a U shaped capped neckline. The front of the garment features a print with glitter embellishment.

Style L372667 is a pair of women’s sleep pants constructed from 100 percent cotton knit fabric. The pants have a rib knit waistband with a drawstring and hemmed leg openings.

Style 0377614 is a pair of women’s sleep shorts constructed from 100 percent cotton knit fabric. The pants have a rib knit waistband with a drawstring and hemmed leg openings.

Style J461072 is a woman’s thermal pajama top constructed from 100 percent cotton knit fabric. The pajama top extends below the waist and is hemmed at the bottom. The garment is embroidered on the left chest and has long sleeves with a V shaped neckline which is trimmed with satin fabric.

Based on its appearance and the accompanying merchandising information, the garments are considered sleepwear of heading 6108.

We are returning your samples.

The applicable subheading for style CC521P5W will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sNightdresses and pajamasknitted or crocheted: Pajamas: Of cotton: Women’s. The duty rate will be 8.5% ad valorem.

The applicable subheading for styles L370206, L372667, 0377614 and J461072 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of cotton: Other: Women’s. The duty rate will be 8.5% 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 CC521P5W falls within textile category 351. Styles L370206, L372667, 0377614 and J461072 fall within textile category 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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