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NY I81977





June 3, 2002

CLA-2-62:RR:NC:N3:360 I81977

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women's sleep separates from Sri Lanka.

Dear Ms. Greener:

In your letter dated May 21, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Item 045-0685 (regular) is a woman’s pajama bottom constructed from 100 percent cotton woven flannel fabric. The garment features an elasticized waist, a non-functional fly front with button trim and short hemmed legs. This garment will also be imported in petite, tall and plus sizes under item numbers 045-0686, 045-0687 and 045-0785.

Item 045-0649 (regular) is a woman’s pajama bottom constructed from 100 percent cotton woven flannel fabric. The garment features an elasticized drawstring waist and long hemmed legs. This garment will also be imported in petite, tall and plus sizes under item numbers 045-0690, 045-0651 and 045-0781.

Item 045-0772 (regular) is a woman’s pajama top constructed from 100 percent cotton woven flannel fabric. The garment features long sleeves, a collar, side vents and a full front opening secured by five buttons. This garment will also be imported in petite, tall and plus sizes under item numbers 045-0773, 045-0774 and 045-0775.

You have stated in your letter that these garments will be marketed and sold as sleepwear in your sleep department and that each garment will have an “Eddie Bauer Sleepwear” label.

The applicable subheading for all garments 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. The rate of duty will be 11.3 percent ad valorem.

All garments fall within textile category designation 352. Based upon international textile trade agreements products of Sri Lanka 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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