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NY H86695




January 30, 2002

CLA-2-62:RR:NC:N3:360 H86695

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women's sleep pants from China

Dear Ms. Greener:

In your letter dated January 5, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style 045-0471 is a woman’s sleep pant constructed from 100 percent yarn dyed woven fabric. The garment features an elasticized drawstring waist and long legs with a scalloped hem. This garment will also be imported in printed, seersucker and plain woven fabric under the same style number. You have indicated that these garment are designed, marketed and sold as sleepwear items and based upon the appearance of the garments, they will be classified as other sleepwear.

The applicable subheading for style 045-0471 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.

Style 045-0471 falls within textile category designation 352. Based upon international textile trade agreements products of China are currently subject to quota restraints 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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