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NY D84126




November 13, 1998

CLA-2-62:RR:NC:TA:360 D84126

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Ms. Amy Sperber
Delia's
435 Hudson Street
New York, NY 10014

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

Dear Ms. Sperber:

In your letter dated October 28, 1998, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 08042 is a woman's pair of pajamas constructed from 100 percent cotton seersucker woven fabric. The upper body garment features a scoop neckline, 5/8 inch wide shoulder straps and a partial front opening secured by three snaps. The garment has contrasting colored capping around the arm openings and neckline that extend into the shoulder straps. The pajama bottom features an elasticized drawstring waist and long legs with contrasting colored capping on the hem.

The applicable subheading for style 08042 will be 6208.21.0010, 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: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The duty rate will be 9.3 percent ad valorem.

Style 08042 falls within textile category designation 351. Based upon international textile trade agreements products of China 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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