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NY H82766




July 12, 2001

CLA-2-61:RR:NC:TA:360 H82766

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030; 6208.91.3010

Mr. John A. Ellefson
Bluestar Imports, L.P.
150 Thorn Hill Road
Warrendale, PA 15086

RE: The tariff classification of women's pajama bottoms from China, Russia, and the Philippines

Dear Mr. Ellefson:

In your letter dated June 21, 2001, you requested a tariff classification ruling on behalf of American Eagle Outfitters, Inc. The samples submitted with your request will be returned to you under separate cover.

Style 2299 is a woman’s pajama bottom constructed from 100 percent polyester knit fabric. The garment features an elasticized drawstring waist, one back pocket and long hemmed legs.

Style 2368 is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment features an elasticized drawstring waist, a left over right fly front opening, long legs with vents and ribbon trim. Although the fly front fastens left over right, the garment is cut and sized for women.

Style 2311 is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment features an elasticized drawstring waist, long legs with contrasting colored crocheted trim at the bottom.

Style 2395 is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment is identical in styling to style 2368 but in a different color and design.

You have indicated that these garments will be marketed and sold as sleepwear separates. In addition you submitted the hangtag which identifies the garments as pajama components. Based on the appearance of the garments, as well as the marketing, the garments will be classified as pajama separates under the appropriate subheadings.

The applicable subheading for style 2299 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamasand similar articles of man-made fibers. The rate of duty will be 16.3 percent ad valorem.

The applicable subheading for styles 2368, 2311 and 2395 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven, pajamas, and similar articles, of cotton. The rate of duty will be 11.4 percent ad valorem.

Style 2299 falls within textile category designation 650 and styles 2368, 2311 and 2395 fall within textile category designation 352. Based upon international textile trade agreements products of China and the Philippines are currently subject to quota restraints and the requirement of a visa. Products of Russia are currently subject to 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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