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NY 809695




May 16, 1995

CLA-2-62:S:N:N5:360 809695

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Rebecca Cheung
Macy Product Development
Eleven Penn Plaza
New York, NY 10001

RE: The tariff classification of women's woven sleepwear from Hong Kong

Dear Ms. Cheung:

In your letter dated April 28, 1995, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

The submitted samples are constructed from 100 percent woven cotton flannel fabric. The fabric weighs 5 ounces per square yard. The garments will be sold as mix and match separates along with coordinating sleep tee shirts.

Style 9882 is a pair of sleep boxer shorts. The garment features an elasticized waist, a fly front opening secured by one button and hemmed leg openings. Style 9982 is a pair of sleep pants. The pants feature an elasticized 'paper beg' waist with a decorative self-fabric tie and hemmed leg openings.

The applicable subheading for the sleep bottoms will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), 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 11.8 percent ad valorem.

The garments fall within textile category designation 352. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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