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February 19, 1999

CLA-2-62:RR:NC:WA:360 D86885

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020; 6204.62.4055; 6206.30.3040; 6211.42.0081

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, N.Y. 10004

RE: The tariff classification of women's garments from Korea or the Philippines

Dear Ms. Baron:

In your letter dated January 15, 1999, you requested a tariff classification ruling for women’s garments on behalf of Donna Karan Intimates, a division of Wacoal America, Inc. The samples are being returned, as you requested.

Four women’s garments claimed to be sleepwear were submitted with your request. All four garments are constructed from 100 percent cotton woven fabric weighing 320 grams per square meter.

Style 416002 is a pair of women’s capri pants. The garment features a fully elasticized covered waistband and extends to mid-calf.

Style 416003 is a pair of women’s boxer-styled shorts. The garment features a covered elasticized waistband and a closed fly-front.

Style 411037 and 462037 are women’s upper body garments. Style 462037 is a camisole-type garment that features a straight, hemmed bottom, a halter-styled neck and a full rear opening secured by two self-fabric ties. Style 411037 is a sleeveless shirt featuring a pointed collar, a breast pocket, a shirttail bototm and seven buttons securing the full front opening. You state that these styles are part of a group of sleepwear separates designed to feature the latest trend in pajama styling: an outerwear-like appearance and the ability to mix-and-match pieces. You point to certain physical features to demonstrate that the garments are designed to be used as sleepwear: loose fit and lack of body contouring construction features.

Based upon the general appearance of the garments, fabric weight, etc., the garments are comparable to garments worn as casual attire for comfort rather than those worn for sleeping. The documentation you submitted to support your claim refers to the grouping as “Homewear”. The information you have provided does not persuasively demonstrate that the garments were designed, and will be marketed and sold as sleepwear. Therefore these garments will not be classified under the heading for pajamas.

The applicable subheading for the pants will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven trousers of cotton. The rate of duty will be 17.2 percent ad valorem.

The applicable subheading for the shorts will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven shorts of cotton. The rate of duty will be 17.2 percent ad valorem.

The applicable subheading for the blouse will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven blouses of cotton. The rate of duty will be 15.9 percent ad valorem.

The applicable subheading for the camisole will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s other of cotton. The rate of duty will be 8.4 percent ad valorem.

The pants and shorts fall within the textile category designation 348; the blouse within textile category 341, and the camisole within textile category 359. Based upon international textile trade agreements, garments imported from Korea and the Philippines are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski

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