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April 13, 1999

CLA-2-62:RR:NC:360 D89385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.91.3010

Ms. Alison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of women’s sleepwear from Macau, Sri Lanka and the United Arab Emirates

Dear Ms. Baron:

In your letter dated March 18, 1999, you requested a classification ruling on behalf of O’Bryan Brothers Inc. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are constructed from 100 percent cotton woven flannel fabric.

Style R70010 is a pajama bottom that features long hemmed legs, an elasticized drawstring waist and a non-functional fly with three-button trim.

Style R70000 is identical in styling to the above with short hemmed legs.

Style R50000 is a pajama top that features long sleeves, a collar and lapels, side vents and a full front opening secured by four buttons.

Style R50010 is a pajama top that features long sleeves, a collar, side vents and a full front opening secured by four buttons.

The components are part of a sleepwear line that will be marketed and sold as sleepwear separates. Based upon the appearance of the garments, as well as the information you submitted, the garments are designed as sleepwear, and will be sold to the ultimate consumer as such. When imported in shipments containing equal numbers (pairs) of matching tops and bottoms, styles R70010, R70000, R50000 and R50010 are classifiable in subheading 6208.21.0010, HTS, which provides for women’s cotton pajamas with two or more colors in the warp and/or filling. The applicable rate of duty is 9.2 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for styles R70010, R70000, R50000 and R50010 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s similar articles: of cotton. The duty rate will be 11.6 percent ad valorem.

When imported together in equal numbers, styles R70010, R70000 and R50000 fall within textile category designation 351; when imported separately the garments fall under textile category designation 352. Based upon international textile trade agreements products of Macau, Sri Lanka and the United Arab Emirates are subject to quota restraints and a visa requirement with the exception of category 352 from Macau which is subject only to a visa requirement.

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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