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NY G82613




October 27, 2000

CLA-2-62:RR:NC:TA 360 G82613

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0030

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

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

Dear Ms. Cumins:

In your letter dated October 3, 2000, you requested a classification ruling on behalf of Loyaltex Apparel USA, Inc. The samples submitted with your request will be returned to you under separate cover.

All of the submitted garments are constructed from 65 percent polyester and 35 percent cotton woven fabric. You have indicated that these garments are part of a coordinated sleepwear grouping. The mix and match components will be imported and sold separately.

Style 1399 is a pair of women’s pajama bottoms. The garment features an elasticized drawstring waist, short hemmed legs with side vents.

Style 1400 is a pair of women’s pajama bottoms identical to the above but with long hemmed legs.

Style 1398 is a woman’s pajama top. The garment features long sleeves with cuffs, a collar and lapels, one chest pocket, side vents and a full front opening secured by four buttons. The collar, lapels and pocket have contrasting colored piping.

Style 1397 is a woman’s pajama top. The garment features a scooped front and back neckline, adjustable shoulder straps and side vents. The garment has contrasting colored piping around the top edge.

Style 1410 is a woman’s nightgown. The nightgown features a slightly V’d neckline, adjustable shoulder straps and extends to the knee. The garment has contrasting colored piping around the top edge.

The applicable subheading for styles 1399, 1400, 1398 and 1397 (pajama separates), when imported separately or imported without a matching component will be 6208.92.0030, 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 man-made fibers: other: women’s. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for the pajama separates, if imported in shipments of equal numbers of matching top and bottoms, will be 6208.22.0000, 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 man-made fibers. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for style 1410 will be 6208.22.0000, 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 man-made fibers. The duty rate will be 16.4 percent ad valorem.

The pajama separates, if imported in equal quantities of matching tops and bottoms fall within textile category designation 651; if imported separately or in unequal numbers the pajama separates fall within textile category designation 652. Style 1410 falls within textile category designation 651. Based upon international textile trade agreements products of Macau are currently not subject to quota restraints but are subject to a visa requirement. Products of Cambodia are currently not subject to quota restraints or 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 and 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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