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NY E86671




October 1, 1999

CLA-2-62:RR:NC:TA:360 E86671

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 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 or the Philippines

Dear Ms. Baron:

In your letter dated August 25, 1999, on behalf of DKNY Underwear, a division of Wacoal America, Inc., you requested a classification ruling. The garments submitted with your request will be returned to you under separate cover.

The five garments submitted with your request, styles 413081, 411081, 412040, 416062 and 416081, are all made from 100 percent cotton woven fabric. You have stated that the garments are part of a coordinated sleepwear grouping. The mix and match components may be imported as pajama sets but will occasionally be imported separately. 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 413081 is a women’s knee length nightgown. The garment features adjustable spaghetti straps, satin trim and a straight hemmed bottom.

Styles 411081 and 412040 are pajama tops. Both garments feature full front openings secured by buttons, collars and chest pockets. Style 411081 also features short sleeves and a straight hemmed bottom. Style 412040 has long sleeves with button cuffs and a shirttail bottom.

Styles 416062 and 416081 are coordinating long pajama bottoms. Style 416062 features a partially elasticized waistband with a drawstring, side pockets and hemmed leg openings. Style 416081 features a tunnel waistband with drawstrings at the sides, a rear patch pocket and straight hemmed leg openings.

The applicable subheading for the nightgown and pajama components when imported in shipments containing equal numbers of matching tops and bottoms will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s cotton woven nightdresses and pajamas with two or more colors in the warp and/or filling. 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 nightgown and pajama set fall within textile category designation 351 and the pajama components imported separately or in unequal numbers fall within category 352. Based upon international textile trade agreements products of India or the Philippines are subject to quota restraints 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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