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NY F88204





July 18, 2000

CLA-2-62:RR:NC:TA 360 F88204

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.21.0020; 6208.91.3010

Ms. Kathy Brennan
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s sleepwear from Macau

Dear Ms. Brennan:

In your letter dated June 23, 2000, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 045-0161 is a woman’s pajama pant constructed from 100 percent cotton woven flannel yarn dyed fabric. The garment features an elasticized drawstring waist, side seam pockets and long hemmed legs. This garment will also be imported in tall and petite sizes under style numbers 045-0162 and 045-0163.

Style 045-0204 is a woman’s pajama top constructed from 100 percent cotton woven flannel yarn dyed fabric. The garment features long hemmed sleeves, a collar and a full front opening secured by five buttons. This garment will also be imported in tall and petite sizes under style numbers 045-0205 and 045-0206.

Style 045-0218 is a woman’s pajama pant constructed from 100 percent cotton woven flannel printed fabric. The garment features an elasticized drawstring waist, side seam pockets and long hemmed legs. This garment will also be imported in tall and petite sizes under style numbers 045-0219 and 045-0220.

Style 045-0223 is a woman’s pajama top constructed from 100 percent cotton woven flannel printed fabric. The garment features long hemmed sleeves, a collar and a full front opening secured by five buttons. This garment will also be imported in tall and petite sizes under style numbers 045-0224 and 045-0225.

You have indicated that these garments are part of a collection of mix and match sleepwear that will be sold through the catalogue in the sleepwear section.

The applicable subheading for styles 045-0161 and 045-0204, when imported in shipments containing equal numbers of matching tops and bottoms, will be 6208.21.0010, 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: nightdresses and 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.

The applicable subheading for styles 045-0218 and 045-0223, when imported in shipments containing equal numbers of matching tops and bottoms, will be 6208.21.0020, 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: nightdresses and pajamas: other: women’s. The duty rate will be 9.1 percent ad valorem.

The applicable subheading for the pajama components when imported separately or imported without a matching component will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sleepwear components of the same class or kind as the exemplars of heading 6208, HTS. The duty rate will be 11.5 percent ad valorem.

The pajama separates, if imported in equal quantities of matching tops and bottoms fall within textile category designation 351; if imported separately or in unequal numbers the pajama separates fall within textile category designation 352. Based upon international textile trade agreements products of Macau 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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