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NY H87324




February 15, 2002

CLA-2-62:RR:NC:N3:360 H87324

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Mr. Rolando E. Portal
ABC Distributing, Inc.
6301 East 10th Avenue
Hialeah, FL 33013

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

Dear Mr. Portal:

In your letter dated January 23, 2002, you requested a ruling on tariff classification.

The submitted sample, no style number designated, is a women’s three piece pajama set consisting of a women’s pajama set and a nightshirt constructed from 100 percent polyester woven fabric.

The pajama top is a tank-styled pullover that features a scooped neckline, side vents and shoulder straps that measures 2 ½ inches across the shoulder seam. The pajama bottom features an elasticized drawstring waist and long hemmed legs.

The nightshirt features a collar and lapels, long hemmed sleeves, side vents and a full front opening secured by five buttons. The garment extends from the shoulders to midthigh.

The applicable subheading for the pajamas and the nightshirt 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 rate of duty will be 16.2 percent ad valorem.

The pajamas and nightshirt fall within textile category designation 651. 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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