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NY I81487




May 14, 2002

CLA-2-62:RR:NC:N3:360 I81487

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Lucia Buckman
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a woman's pajama bottom from India.

Dear Ms. Buckman:

This is a replacement ruling for NY I81487 issued to you on May 2, 2002. In your letter of May 7, 2002, you informed us that style 2303 was incorrectly identified as a girls’ sized garment. Based upon the additional information you submitted, we concur that style 2303 is a women’s sized sleep bottom and have made changes in the text below. The sample submitted with your request will be returned to you under separate cover.

Style 2303 is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment features an elasticized drawstring waist, one front pocket and long legs with a ruffled hem.

The applicable subheading for style 2303 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 2303 falls within textile category designation 352. Based upon international textile trade agreements products of India 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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