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September 13, 1999

CLA-2-62:RR:NC:360 E85756

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Mr. Joseph J. Mazzola
Mothers Work, Inc.
456 North Fifth Street
Philadelphia, PA 19123

RE: The tariff classification of a woman’s sleep separate from India

Dear Mr. Mazzola:

In your letter dated August 9, 1999, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 98905 is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features short sleeves, a collar and lapels, one chest pocket, side vents and a full front opening secured by seven buttons.

The applicable subheading for style 98905 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: women’s. The duty rate will be 11.6 percent ad valorem.

You have received a ruling (NY D89909) on the classification of coordinating pajama bottoms and now you are asking for the proper classification of these garments if imported in equal numbers (tops and bottoms) with the matching top. When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, these garments will be classified in subheading 6208.21.0010, HTS, which provides for women’s or girls’ pajamas, of cotton. The applicable rate of duty will be 9.2 percent ad valorem and the textile category designation is 351.

Style 98905 falls within textile category designation 352. Based upon international textile trade agreements products of India are subject to quota restraints and 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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