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NY E86628




September 29, 1999

CLA-2-62:RR:NC:TA:360 E86628

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.91.1010; 6208.91.3010;

Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of women’s woven sleepwear from India

Dear Ms. Baron:

In your letter dated August 27, 1999, on behalf of Wacoal America Inc., you requested a classification ruling. The garments submitted with your request will be returned to you under separate cover.

The garments submitted with your request are all made from 100 percent cotton woven fabric. The garments are part of a coordinated sleepwear grouping manufactured by the Donna Karan Intimates Division of Wacoal, America, Inc. Based upon the physical characteristics of the garments, we concur that they qualify for classification under heading 6208, Harmonized Tariff Schedule of the United States (HTS).

Style 312083 is a women’s nightshirt. The garment features a pointed collar, a partial front opening with a button placket, long sleeves with button cuffs, a chest pocket, a straight bottom which is longer in back and side slits.

Styles311085 and 316073 are a pair of women’s pajamas. The pullover top (311085) features a round neck, a partial opening at the neck with a three button placket, long sleeves with fringed edges, a straight bottom with a fringed hem and side slits. The pajama bottoms (316073) extend to the vicinity of the ankles and feature a partially elasticized waistband with a drawstring, a fly front with a three button placket and straight hemmed bottoms. These garments will generally be imported as sets, but may, on occasion be imported separately.

Style 315097 is a women’s robe that extends from the shoulders to approximately the calf area. The robe features a full front opening with a belt closure, a kimono-style collar, long sleeves and patch pockets.

The applicable subheading for the nightshirt (style 312083) and pajamas (styles 311085 and 316073 imported in shipments containing equal numbers of matching components) will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s cotton woven nightdresses and pajamas. The duty rate will be 9.2 percent ad valorem.

The applicable subheading for the pajama components when imported separately or imported without a matching component will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sleepwear components of the same class or kind as the exemplars of heading 6208, HTS. The duty rate will be 11.6 percent ad valorem.

The applicable subheading for the robe (style 315097) will be 6208.91.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s robes of cotton. The duty rate will be 8 percent ad valorem.

The nightshirt and pajama set fall within textile category designation 351; the robe falls within category 350 and the pajama components imported separately or in unequal numbers fall within category 352. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

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.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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