CLA-2-62:RR:NC:TA:360 M86996

Mr. Steve Enderson
Byrnes
880 Mitten Road
Suite C
Burlingame, CA 94010

RE: The tariff classification of women’s pajamas from China

Dear Mr. Enderson:

In your letter dated October 3, 2006, you requested a classification ruling on behalf of Fox Racing USA Inc. The submitted sample will be returned to you as requested.

Style 57008 is a pair of women’s pajamas constructed from 100 percent woven cotton fabric. The pajama top features a V-neckline, adjustable shoulder straps and an elasticized drawstring empire waist. The pajama bottom features an elasticized drawstring waist and very short hemmed legs.

The applicable subheading for style 57008 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: other: women’s. The duty rate will be 8.9 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/.

Style 57008 falls within textile category 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division