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NY H87645




March 5, 2002

CLA-2-62:RR:NC:TA:360 H87645

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Linda Moyer
Customs Manager
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of women’s woven sleep bottoms from El Salvador

Dear Ms. Moyer:

In your letter dated February 6, 2002, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Two styles of women’s sleepwear bottoms made from 100% cotton woven fabric were submitted with your request. Style F2S3 is made from a lightweight checked fabric and style F2S4 is made from a plaid flannel fabric. Both garments extend to the ankles and feature fully elasticized covered waistbands with non-functional ties at the front and side pockets.

You state that the sleepwear separates are part of a mix and match merchandising concept and will not be imported as sets. Based on the appearance of the garments and the manner in which they will be sold, we agree that the garments are classifiable under heading 6208, HTS.

The applicable subheading for styles F2S3 and F2S4 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s nightdresses, pajamasand similar articles, of cotton. The duty rate will be 11.3 percent ad valorem.

Styles F2S3 and F2S4 fall within textile category designation 352. Based upon international textile trade agreements products of El Salvador are not currently 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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