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NY I81828




May 17, 2002

CLA-2-62:RR:NC:N3:360 I81828

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020, 6208.91.1010, 6208.91.3010

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

The submitted sample, style AFOPT396, is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features a slightly elasticized neckline, ¾ length sleeves with elasticized edges, and an elasticized empire waist. The neckline, sleeves, bodice and hem are embellished with embroidery.

The submitted sample, style AFOPP275, is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, two-side seam pockets, and long legs. The lower legs and upper cent back are embellished with embroidery.

The submitted sample, style AFOPO010, is a woman’s robe constructed from 100 percent cotton woven fabric. The garment features ¾ length sleeves, and a full front opening. The sleeves, front panels and the upper center back are embellished with embroidery.

The submitted sample, style AFPJP272, is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

The submitted sample, style AFPJT101, is a woman’s pajama top constructed from 100 percent cotton flannel woven fabric. The garment features long sleeves, a collar and lapels, one chest pocket and a full front opening secured by four buttons.

Styles AFPJP272 and AFPJT101 match in color and print. You have stated in your letter that these two items will be sold as a set.

The applicable subheading for styles AFOPT396 and AFOPP275 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, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s . The rate of duty will be 11.3 percent ad valorem and the quota category will be 352.

The applicable subheading for style AFOPO010 will be 6208.91.1010, 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: bathrobes, dressing gowns and similar articles: women’s. The rate of duty will be 7.7 percent ad valorem and the quota category will be 350.

When imported in shipments containing equal numbers (pairs) of matching tops and bottoms styles AFPJP272 and AFPJT101 are classifiable in subheading 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for inter alia, women’s or girls’ nightdresses and pajamas, of cotton: other: women’s. The rate of duty will be 9 percent ad valorem and the quota category will be 351.

When imported separately, or when imported without a matching component, styles AFPJP272 and AFPJT101, are classifiable in subheading 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, women’s or girls’ other sleepwear, of cotton. The rate of duty will be 11.3 percent ad valorem and the quota category will be 352.

This product falls within textile category designation 351. Based upon international textile trade agreements products of India are 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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