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NY H87376




February 26, 2002

CLA-2-62:RR:NC:TA:360 H87376

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010; 6108.31.0010

Ms. Gina Bies
Traffic Manager
Carole Hochman Designs, Inc.
801 Foresman Street
Wiliamsport, PA 17701

RE: The tariff classification of a women’s knitted pajama set and a woven sleepwear bottom from Turkey and China

Dear Ms Bies:

In your letter dated January 28, 2002, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 238403 is a women’s sleep bottom made from 100% cotton woven printed fabric. The cropped pajama bottom has an elasticized waistband and is hemmed.

Style 236401 consists of a women’s two-piece sleepwear set, top and panty, constructed from 100% cotton knitted fabric. The pullover top has short sleeves, a V-neckline and a hemmed bottom. The neckline and sleeve endings feature a contrasting colored elasticized edging. The panty has an elasticized waistband and elasticized leg openings made from the same contrasting colored material as the top.

You have indicated that these garments are part of a mix and match sleepwear collection and that they will be manufactured in different countries. Based on the appearance of the garments, and the manner in which these styles will be merchandised, they are considered to be sleepwear.

The applicable subheading for style 238403 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spajamassimilar articles: of cotton: other. The duty rate will be 11.3 percent ad valorem.

The applicable subheading for style 236401 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spajamasKnitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

Style 238403 falls within textile category designation 352. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Style 236401 falls within textile category designation 351. Based upon international textile trade agreements products of Turkey are subject to quota 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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