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NY E89104




November 19, 1999

CLA-2-62:RR:NC:360 E89104

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Gina Bies
Carole Hochman Designs, Inc.
801 Foresman Street
Williamsport, PA 17701

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

Dear Ms. Bies:

In your letter dated October 12, 1999, you requested a classification ruling.

The submitted samples, styles 5282510 and 52801515 are sleepwear separates constructed from 100 percent cotton woven fabric. Style 5282510 is styled as a capri length pajama bottom. The pull-on bottom features a covered elasticized waistband with a drawstring. Style 52801515 is similar in styling to style 5282510 but is a pair of shorts.

You have stated that these garments are part of a mix and match collection that will enable the customer to select the correct size and choose whether they want a solid or print separate. Based on the appearance of the garments and the manner in which they will be marketed we agree with your assertion that the garments are correctly classifiable under heading 6208, Harmonized Tariff Schedule of the United States (HTS).

Please be advised that we have provided the classification for sleepwear bottoms imported without matching tops. If the separates are imported in equal numbers of matching tops and bottoms, and by the term "matching" Customs is making reference not only to design, style and coloring, but also to size, the classification and textile category designation will be affected.

The applicable subheading for the submitted sleepwear bottoms will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sleepwear separates of cotton. The duty rate will be 11.6 percent ad valorem.

The submitted sleepwear bottoms fall 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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