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NY H86615




January 28, 2002

CLA-2-62:RR:NC:N3:360 H86615

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Marlene Bautista
Sears, Roebuck and Co.
3333 Beverly Road BC 175A-B
Hoffman Estates, IL 60179

RE: The tariff classification of women's pajama separates from China

Dear Ms. Bautista:

In your letter dated January 2, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Both of the submitted samples are women’s pajama bottoms constructed from 100 percent cotton woven fabric.

Style 3850S2908MAA features an elasticized drawstring waist and long hemmed legs. Style 3850S2910MAA is identical in styling to the above but with short legs.

You have indicated that these garments are designed, sold and marketed as sleepwear and based on the appearance of the garments, these goods would be classified as similar to pajamas in heading 6208, HTS.

The applicable subheading for both 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 rate of duty will be 11.3 percent ad valorem.

Both styles fall within textile category designation 352. Based upon international textile trade agreements products of China are currently 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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