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NY N025147




April 23, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Mr. Frank Spadaro
Spadaro International Services
156-15 146th Avenue, Suite 101
Jamaica, New York 11434-4620

RE: The tariff classification of a woman’s pajama set

Dear Mr. Spadaro:

In your letter dated March 19, 2008, you requested a classification ruling on behalf of your client USA Wholesale Trading, Inc.

Style A6050 is a woman’s pajama set constructed from 65 percent polyester and 35 percent polyester knit fabric. The pullover top features a rounded neckline finished with scalloped capping, hemmed short sleeves, embroidery around the front neckline and a hemmed bottom with side slits. The capri length pants feature an elasticized waistband with a drawstring, side seam pockets, large embroidery on the right leg and hemmed leg openings with side slits.

We are returning your samples as you requested.

The applicable subheading will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sNightdresses and pajamasknitted or crocheted: Of man-made fibers. The duty rate will be 16% 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/.

The pajama set falls within textile category 651. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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