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NY N018994




November 16, 2007

CLA-2-61:OT:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Darlene Irish
Talbots Imports, LLC
1 Talbots Drive
Hingham, MA 02043

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

Dear Mr. Irish:

In your letter dated October 23, 2007, you requested a classification ruling for women’s sleep separates.

The submitted samples are described as follows:

Style #82103001 – A woman’s tank style sleep top constructed from 94% cotton and 6% spandex knit fabric. The sleeveless garment features a scoop neckline, one decorative button on each shoulder strap, and a hemmed bottom.

Style # 82103006 – A woman’s pullover style sleep top constructed from 100% cotton knit fabric. The sleeveless garment features a scoop neckline, three decorative appliqués at the chest area, and a hemmed bottom.

Style #82103007 – A woman’s tank style sleep top constructed from 100% cotton knit fabric. The sleeveless garment features a scoop neckline, two decorative appliqués, and a hemmed bottom.

Style #82103009 – A woman’s pajama bottom (pants) constructed from 100% cotton knit fabric. The pull-up pants feature an all-over striped design, an elasticized waistband with a drawstring, two pockets below the waist with a button closure, and hemmed leg openings.

You have indicated that the pajama bottom and tops, Styles 82103001, 82103006, 82103007, and 82103009 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 82103001, 82103006, 82103007, and 82103009 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 82103001, 82103006, 82103007, and 82103009 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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