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NY N014470




July 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s sleepwear from Indonesia and the Philippines

Dear Ms. Greener:

In your letter dated July 12, 2007, you requested a classification ruling. The submitted samples will be returned to you as requested.

Item number 045-2013 (regular) is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features long sleeves, a notched collar, one chest pocket, side vents and a full front opening secured by six buttons. The garment also has contrasting colored piping around the notched collar, pocket, front opening and sleeve cuffs. This garment will also be imported in petite, tall and plus sizes under item numbers 045-2014, 045-2015 and 045-2016.

Item number 045-1971 (regular) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long hemmed legs. This garment will also be imported in petite, tall and plus sizes under item numbers 045-1972, 045-1973 and 0045-1974.

Item number 045-2004 (regular) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long hemmed legs. The garment will also be imported in petite, tall and plus sizes under item numbers 045-2005, 045-2006 and 045-2007.

You have indicated that the pajama top and pajama pants are part of a mix and match sleepwear group. Based upon their appearance and the merchandising information that you have provided, the garments are considered sleepwear.

The applicable subheading for the pajama top and pajama pants 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: other: 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/.

All 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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