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January 22, 1999

CLA-2-62:RR:NC:TA:360 D86487

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.91.3010; 6108.31.0010

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

RE: The tariff classification of women’s sleepwear from Indonesia, Malaysia and the Philippines

Dear Ms. Antrim-Saizan:

In your letter dated December 17, 1998, you requested a classification ruling on behalf of Shopko Stores.

Style 937318 is a woman’s pajama pant constructed from 100 percent cotton woven flannel fabric. The garment features an elasticized drawstring waist, a one button fly and long legs with elasticized ankles.

Style 937311 is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, a one button fly and long hemmed legs.

Style 937304 is a woman’s boxer-styled pajama pant constructed from 100 percent cotton woven flannel fabric. The garment features an elasticized waist, a one button fly and short hemmed legs.

Style 937302 is a woman’s sleep shirt constructed from 100 percent cotton woven flannel fabric. The garment features long sleeves, a collar and lapels, one chest pocket, a shirttail bottom and a full front opening secured by five buttons. The garment extends from the shoulders to mid thigh.

Style 937305/379314 is a woman’s sleep shirt constructed from 60 percent cotton and 40 percent polyester knit jersey fabric. The pullover garment features long hemmed sleeves, a V-neckline with contrasting colored rib knit and a straight hemmed bottom. The garment also has contrasting colored trim on the sleeves. Although the fly fronts on the pajama bottoms button left over right, indicating a man’s garment, the size specifications submitted indicate that these garments are sized for women.

The applicable subheading for styles 937318, 937311 and 937304 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.

The applicable subheading for style 937302 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, 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 9.2 percent ad valorem.

The applicable subheading for style 937305/379314 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: nightdresses and pajamas: of cotton: women’s. The duty rate will be 8.8 percent ad valorem.

Styles 937318, 937311 and 937304 fall within textile category designation 352; style 937302 and 937305/379314 fall within textile category designation 351. Based upon international textile trade agreements products of Indonesia, Malaysia and the Philippines are currently 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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