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NY F83088




March 14, 2000

CLA-2-62:RR:NC:TA: 360 F83088

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Ms. Linda Moyer
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of women’s sleepwear from Bangladesh or Hong Kong

Dear Ms. Moyer:

In your letter dated February 10, 2000, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 38122 is a woman’s sleep pant constructed from 100 percent cotton woven flannel fabric. The garment features an elasticized waist, a non-functional fly front and long hemmed legs with an embroidered design at the bottom.

Style 38165 is a woman’s sleepshirt constructed from 100 percent cotton knit fabric. The garment features a round neckline, long hemmed sleeves with an embroidered design on the lower left sleeve, a straight hemmed bottom and an embroidered design on the lower right front.

Style 38192 is a women's sleep pant constructed from 100 percent cotton chambray fabric and is similar in design to style 38122.

Style 40633 is a woman’s sleep short constructed from 100 percent cotton woven fabric. The garment is identical in styling and fabric to style 38192.

Style 38120 is a woman’s sleepshirt constructed from 100 percent cotton knit fabric. The garment features a shaped front neckline, adjustable shoulder straps and a straight hemmed bottom. The top back edge is cut straight across from side seam to side seam.

In your letter you stated that these garments are part of a mix and match sleepwear collection. Based upon the appearance of the garments, as well as the manner in which they will be marketed, we agree with your claimed classification as sleepwear. Furthermore, you have advised us that the garments will be imported in equal numbers of matching tops and bottoms in the same shipment. Based upon their condition on importation, we agree that the garments are classified as pajamas under heading 6208, HTS.

The applicable subheading for styles 38122 and 38165; styles 38192 and 38120, and styles 40633 and 38120 will be 6208.21.0010, Harmonized tariff Schedule of the United States (HTS), which provides for women’s pajamas, of cotton with two or more colors in the warp and/or the filling. The duty rate will be 9.1 percent ad valorem.

Styles 38122 and 38165; 38192 and 38120, and 40633 and 38120 fall within textile category designation 351. Based upon international textile trade agreements products of Bangladesh and Hong Kong 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.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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