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April 1, 1999

CLA-2-62:RR:NC:360 D89096

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.91.3010

Ms. Lavinia Chan
J. Crew Group, Inc.
770 Broadway
12th FL
New York, NY 10003

RE: The tariff classification of women’s sleepwear components from Portugal; components sold separately; shipped and entered in equal and/or unequal amounts

Dear Ms. Chan:

In your letter dated March 3, 1999, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Women’s coordinated pajama components (top and bottom) were submitted with your request. You state that the garments will be priced separately but will be imported in equal quantities in the same shipment or will be imported separately in unequal numbers.

Style 37031I is a women’s upper body garment constructed from 100 percent cotton woven flannel fabric. The garment features long hemmed sleeves, a collar, one chest pocket and a full front opening secured by six buttons.

Style 20897 is a women’s pajama bottom constructed from 100 percent cotton woven flannel fabric. The garment features an elasticized drawstring waist and long hemmed legs.

When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, styles 37031 and 20897 are classifiable in subheading 6208.21.0010, HTSUSA, which provides for women’s or girls’ nightdresses and pajamas, of cotton: with two or more colors in the warp and/or the filling. The applicable rate of duty will be 9.2 percent ad valorem and the textile category designation is 351.

When imported separately, or when imported without a matching component, styles 37031 and 20897 are classifiable in subheading 6208.91.3010, HTSUSA, which provides for women’s or girls’ other sleepwear, of cotton. The applicable rate of duty will be 11.6 percent ad valorem and the textile category designation is 352.

Based upon international textile trade agreements products of Portugal currently are not subject to a visa requirement nor to quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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