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NY F84448




April 13, 2000

CLA-2-62:RR:NC:TA: 360 F84448

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Alicia Balderas
Sears, Roebuck and Co.
Imports 733IMP
3333 Beverly Road – BC 173A
Hoffman Estates, IL 60179

RE: The tariff classification of women’s pajama separates from China or Hong Kong

Dear Ms. Balderas:

In your letter dated January 10, 2000 and additional information received on March 16, 2000, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are women’s pajama pants constructed from 100 percent cotton flannel woven fabric.

Style 3850F0866MAA features an elasticized back waist, a front drawstring, side seam pockets and short hemmed legs.

Style 3850F0867MAA is identical in styling to the above but with long hemmed legs.

Style 3850F869MAA features an elasticized knit waist with a drawstring and long hemmed legs.

Style 3850F0870MAA will come in three versions. Version A features an elasticized waist with a drawstring, two front pockets, two side pockets with buttoned flaps and long hemmed legs. Version B features an elasticized waist with drawstring, two front pockets and long hemmed legs. Version C features an elasticized drawstring waist, two side pockets with buttoned flaps and long hemmed legs.

You have stated that these garments are part of a coordinated sleepwear grouping and have submitted advertising for the goods. Based on the appearance of the garments, as well as the manner in which they will be advertised and sold, we agree that they are classifiable under heading 6208, HTS.

The applicable subheading for all styles will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The duty rate will be 11.5 percent ad valorem.

All styles fall within textile category designation 352. Based upon international textile trade agreements products of China 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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