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NY G81328




September 29, 2000

CLA-2-62:RR:NC:TA:360 G81328

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.92.0030

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

RE: The tariff classification of women's woven pajama separates from the Philippines

Dear Ms. Weinberg:

In your letter dated August 31, 2000, on behalf of Movie Star, Inc., you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style KO: 15326 is a women's woven pajama bottom made from 100% polyester charmeuse fabric. The garment extends to the ankles and features an elasticized waist with a mock drawstring.

Style KO: 13326 is a women's woven sleep short made from 100% polyester charmeuse fabric. The garment is boxer styled and features an elasticized waist with a mock drawstring.

You have stated that the garments will be imported separately without a matching sleepwear top. The garments will be part of a mix and match grouping of sleepwear separates. Based on the appearance of the garments and the manner in which they will be marketed, we agree that both garments are correctly classified under heading 6208, HTS, as sleep separates.

The applicable subheading for styles KO: 15326 and KO: 13326 will be 6208.92.00300, Harmonized Tariff Schedule of the United States (HTS), which provides for women's woven pajama separates of man-made fibers. The duty rate will be 16.4 percent ad valorem.

Styles KO:15326 and KO:13326 fall within textile category designation 652. Based upon international textile trade agreements products of the Philippines are subject to quota and the requirement of a visa.

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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