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NY F80538





January 6, 2000

CLA-2-62:RR:NC:TA:360 F80538

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Avenue
Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of women’s sleep separates from China or India

Dear Mr. Imbrogulio:

In your letter dated December 1, 1999, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Four samples of women’s woven garments were submitted, a top, shorts and two styles of pants. All of the styles are made from 100 percent cotton woven fabric. You have provided several style numbers for each garment indicating that they will be sold in various venues, catalog, store, discount store and internet sales. You have stated that the garments will be marketed in all the channels of commerce as sleepwear separates. In addition, you have submitted documentation depicting how the garments will be marketed. Based on the appearance of the garments and the manner in which they will be marketed, the garments are classifiable as sleepwear separates under heading 6208, Harmonized Tariff Schedule of the United States (HTS).

Style CA22491/4650 is a pajama top. The garment features short sleeves, a notched collar, a breast pocket and a full front opening secured by three buttons.

Style 9784LI/CA22490/9812 is a pull-on short. The garment features an elasticized waist with a drawstring and hemmed leg openings.

Style 9783LI/9810 is a pair of pants that extends to the ankles. It features an elasticized waist with a drawstring and hemmed leg openings

Style 9786LI/CA22489/9811is a pair of pants that extends to the calf. It features an elasticized waist with a drawstring and hemmed leg openings.

The applicable subheading for the sleep separates will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS) which provides for women’s sleep separates, of cotton. The duty rate will be 7.9 percent ad valorem.

The sleep separates fall within textile category designation 352. Based upon international textile trade agreements products of China or 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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