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NY F80679




February 7, 2000

CLA-2-62:RR:NC:TA:360 F80679

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Diane L. Weinberg
Meeks & Sheppard
330 Madison Avenue
39th Floor
New York, NY 10017

RE: The tariff classification of women’s sleep separates from Taiwan or Sri Lanka

Dear Ms. Weinberg:

In your letter dated December 10 1999, with follow-up submission dated February 2, 2000, you requested a classification ruling on behalf of Walt Disney Attractions. The samples submitted with your request will be returned to you under separate cover.

The submitted samples, styles DD323 and DD333, are women’s boxer-style sleep bottoms made from 100 percent cotton woven yarn dyed fabric. Style DD323 features a fully enclosed elastic waistband, a placketed fly front opening with a single button closure and a small embroidered design located on the front left side approximately 1 ¼ inches from the bottom. Style DD333 features a fully exposed elastic waistband, a fly front opening with a button closure and a small- embroidered design located at the lower left of the garment.

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. Furthermore, you have supplied a facsimile of a label that will be sewn into the garments containing the words “Walt Disney World ® Sleepwear.” 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).

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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