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NY B89683




October 2, 1997

CLA-2-62:RR:NC:TA:360 B89683

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.91.3010

Ms. Michele R. Markowitz
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-3397

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

Dear Ms. Markowitz:

In your letter dated September 18, 1997, you requested a classification ruling on behalf of Mast Industries, Inc. The samples submitted with your request will be returned to you under separate cover.

All of the samples submitted are constructed from 100 percent cotton woven fabric.

Style VSC 3495 is a pajama bottom that features long pant legs and a drawstring waist.

Style VSC 3496 is a pajama top that features long sleeves, a collar, lapels and a full front opening secured by three buttons. The garment also has one chest pocket and two pockets below the waist.

Style VSC 3499 is a pajama pant that features short legs and a drawstring waist.

You have stated in your letter that these garments have been designed, and will be marketed and sold at retail, as mix and match pajama separates. You have also indicated that the garments may be imported in equal quantities of matching tops and bottoms in the same shipment.

The applicable subheading for these garments, if imported in equal quantities of tops and bottoms in the same shipment, will be 6208.21.0020, 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...: of cotton: other: women's. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for these garments, if not imported in equal quantities, 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 11.7 percent ad valorem.

If imported in equal quantities of tops and bottoms, the pajamas fall within textile category designation 351; if imported separately 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. 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 Patricia Schiazzano at (212) 466-5866.

Sincerely,

Robert B. Swierupski
Director,

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