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NY 855122




CLA-2-62:S:N:N3-I:360 855122

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6208.21.0020; 6208.21.0010

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004

RE: The tariff classification of women's pajamas from India.

Dear Mr. Stack:

In your letter dated August 2, 1990, on behalf of your client, Frederick Worldwide Company, you requested a tariff classification ruling.

Style number IN 3304 is a pair of women's pajamas manufactured from 100% cotton woven fabric, which is printed. The upper component is very loosefitting and features long sleeves with cuffs, with contrast-colored piping inserted into the seams where the sleeves join to the cuffs; a full, frontal opening secured by five plastic buttons; a notched collar, without any collarband, and small lapels; a rear yoke; two patch pockets on the front, located below the waist, with contrast-colored piping inserted into the seams where the pieces forming the upper portions of the pockets join to the pieces forming the lower portions; an inverted pleat on the back; and a straight bottom. The trouser-like bottoms have a partially elasticized waist, with a single button closure at the front and a tunnel drawstring; a fly front secured by three buttons, which are concealed by a flap over the placket; and two pockets set in on the side seams.

Style number IN 3308 is also a pair of women's pajamas. They are cut and sewn from 100% cotton woven fabric, which is yarn-dyed. The upper component is very loosefitting and features three-quarter-length sleeves with turned-up cuffs; a full, frontal opening secured by five plastic buttons; a notched collar, without a collarband, and small lapels; one patch pocket located on the left side of the chest, and two patch pockets, also on the front, located below the waist; and a straight bottom. The trouser-like bottoms are of the pull-on type and have a fully elasticized waistband with a tunnel drawstring, and cuffs.

The samples are being returned under separate cover.

The applicable subheading for style number IN 3304 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for nightdresses and pajamas: of cotton, other: women's. The rate of duty will be 9.5 percent ad valorem.

The applicable subheading for style number IN 3308 will be 6208.21.0010, HTS, which provides for women's or girls' nightdresses and pajamas: of cotton, with two or more colors in the warp and/or the filling. The rate of duty will be 9.5 percent ad valorem.

Both styles fall within textile category designation 351. Based upon international textile trade agreements, products of India are subject to a visa requirement and quota restraints.

The designated textile and apparel category 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

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