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NY H87194




January 29, 2002

CLA-2-62:RR:NC:N3:360 H87194

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.21.0020; 6208.91.3010

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

RE: The tariff classification of women's sleepwear from China and Hong Kong.

Dear Ms. Greener:

In your letter dated August 1, 2001, you requested a ruling on tariff classification. This ruling replaces NY ruling H84395, dated August 30, 2001. In that ruling you supplied incorrect style numbers. The correct information is shown below.

Style 045-0406 (petite) is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features long hemmed sleeves, a collar, side vents and a full front opening secured by five buttons. The garment has contrasting colored piping around the collar and front opening. This garment will also be imported in regular, tall and large sizes under style numbers 045-0407, 045-0408 and 045-0467.

Style 045-0382 (petite) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long legs with cuffs. The cuffs are trimmed with contrasting colored piping. This garment will also be imported in regular, tall and large sizes under style numbers 045-0383, 045-0384 and 045-0466.

Style 045-0442 (petite) is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features short hemmed sleeves, a collar, side vents and a full front opening secured by five buttons. This garment will also be imported in regular and tall sizes under style numbers 045-0443 and 045-0444.

Style 045-0388 (petite) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and short hemmed legs. This garment will also be imported in regular and tall sizes under style numbers 045-0389 and 045-0390.

These sleepwear garments will be imported in both yarn dyed fabrics (plaid and chambray) and in printed fabrics.

You have stated that the submitted garments are part of a mix and match sleepwear collection that will be marketed in both your retail stores and in your Spring 2002 catalog as separates. The garments will have a special “Eddie Bauer Sleepwear” label affixed. Based upon the appearance of the garments and the manner in which they will be marketed, these garments are classifiable as sleepwear.

If imported separately, and for any non-matched garments, the applicable subheading for all 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.

If imported in equal numbers of matching pajama tops and bottoms (in yarn dyed fabrics) in the same shipment, the applicable subheading for the pajamas will be 6208.21.0010, 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 cotton: with two or more colors in the warp and/or the filling. The rate of duty will be 9 percent ad valorem.

If imported in equal numbers of matching pajama tops and bottoms in a printed fabric in the same shipment, the applicable subheading will be 6208.21.0020, Harmonized Tariff Schedule (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: of cotton: other: women’s. The rate of duty will be 9 percent ad valorem.

If imported separately these styles fall within textile category designation 352. If imported in equal numbers of matching pajama tops and bottoms in the same shipment, the pajamas, fall within textile category designation 351. Based upon international textile trade agreements products of China and Hong Kong 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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