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NY I81556




May 17, 2002

CLA-2-62:RR:NC:N3:360 I81556

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.91.3010

Ms. Kate Ryan
Urban Outfitters Inc.
1809 Walnut Street
Philadelphia, NY 19103

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

Dear Ms. Ryan:

In your letter dated May 9, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style ALDVY525 is a woman’s nightgown constructed from 100 percent cotton woven fabric. The garment is sleeveless and features a lightly elasticized scooped neckline, and drawstring empire waist and eyelet trim at the hem.

Style ALDVT308 is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features a drawstring neckline, an empire waist, adjustable shoulder straps and eyelet rim at the hem.

Style ALDVP218 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, side pockets and long legs with eyelet trim at the hem

Style ARHVT311 is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment is sleeveless and features an elasticized drawstring neckline, elasticized arm openings and a scalloped hem.

Style ARHVP220 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, side pockets and long legs with a scalloped hem.

The applicable subheading for style ALDVY525 will be 6208.21.0020, 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, dressing gowns and similar articles: nightdresses and pajamas: of cotton: other: women’s. The rate of duty will be 9 percent ad valorem.

When imported separately, or when imported without a matching component, styles ALDVT308, ALDVP218, ARHVT311 and ARHVP220, are classifiable in subheading 6208.91.3010, HTSUSA, which provides for, inter alia, women’s or girls’ other sleepwear, of cotton. The applicable rate of duty will be 11.3 percent ad valorem and the quota category is 352.

When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, styles ALDVT308, ALDVP218, ARHVT311 and ARHVP220, are classifiable in subheading 6208.21.0020, HTSUSA, which provides for inter alia, women’s or girls’ nightdresses and pajamas, of cotton: other: women’s. The applicable rate of duty will be 9 percent ad valorem and the quota category is 351.

Based upon international textile trade agreements products of India are currently subject to quota restraints and a visa requirement.

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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