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NY A85589




August 12, 1996

CLA-2-62:RR:NC:WA:355 A85589

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

Ms. Rebecca Cheung
Federated Product Development
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of men's woven cotton pajamas from India.

Dear Ms. Cheung:

In your letter dated July 12, 1996, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples. Style P2225-97 (same as P2228-97), is a 100% cotton woven man's pajama top. The top features short sleeves, a placket front with a three button closure and a curved hemmed bottom. Style P2223-97 (same as P2226-97), is a 100% cotton woven man's pajama pants. The bottoms feature an enclosed fully elasticized waistband with a functional drawstring, a one buttoned fly front, side slash pockets and hemmed bottoms. Style P2224-97 (same as (P2227-97), is a 100% cotton woven man's pajama short. The bottoms feature an enclosed fully elasticized waistband with a functional drawstring, a one buttoned fly front, side slash pockets and hemmed bottoms.

You state in your ruling request that the merchandise "will be imported in single shipments of equal number of pajama tops and bottoms that are matched to design and size". Shipments of equal numbers of matching sleepwear tops and sleepwear bottoms will be classified as pajamas. If, however, unequal numbers of tops and bottoms are imported together, the odd tops or bottoms without a matching piece will be classified as other sleepwear.

The applicable subheading for styles P2225-97, P2223-97 and P2224-97 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys', singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of cotton, with two or more colors in the warp and/or filling. The duty rate will be 9.4 percent ad valorem.

The pajamas fall within textile category designation 351. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

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. 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 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 Gerard Shea at 212-466-5878.

Sincerely,

Roger J. Silvestri
Director

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