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NY C88821


June 22, 1998

CLA-2-62:RR:NC:TA:360 C88821

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Heather J. Stevens

Warner Bros.

4000 Warner Boulevard

Burbank, CA 91522

RE: The tariff classification of women's sleep separates from China

Dear Ms. Stevens:

In your letter received on June 9, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style S9/8124 is a women's pajama top constructed from 100 percent cotton woven fabric. The garment features long sleeves with cuffs, a collar, two pockets at the waist and a full front opening secured by four buttons. The garment also has contrast colored piping around the collar, front opening, sleeve cuffs and pockets. When imported, this garment will have an embroidered design in the left chest area.

Style 1524-9190A is a wome's pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized, drawstring waist and long cuffed legs. The pant legs have contrast colored piping around the cuffs. This garment will have an embroidered design in the left hip area when imported.

You have stated that when imported, these garments will be in a yarn-dyed fabric. The garments are part of a mix and match merchandising strategy and will be marketed and sold as separates. They will be imported at the same time, however, they will packaged and invoiced separately and imported in unequal numbers.

The applicable subheading for both styles 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 11.6 percent ad valorem.

Both styles fall within textile category designation 352. 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,


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