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NY I82775




June 26, 2002

CLA-2-62:RR:NC:N3:360 I82775

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 women's pajama bottoms from India.

Dear Ms. Buckman:

In your letter dated May 29, 2002, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style AMS 009D is a woman’s pajama bottom constructed from 100 percent cotton poplin woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

Style AMS 003, 004 and 005 is a woman’s pajama bottom constructed from 100 percent cotton poplin woven fabric. The garment features an elasticized drawstring waist and long hemmed legs. The hem has a contrasting colored trim.

Style AMS 001, 002 is a woman’s pajama bottom constructed from 100 percent cotton poplin woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

Style AMS 043 is a woman’s pajama bottom constructed from 97 percent cotton and 3 percent spandex woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

You have indicated that the bottoms will be sold as sleepwear separates. Based on the appearance of the garments and the manner in which they will be merchandised, we agree that the garments are classifiable as sleepwear.

The applicable subheading for all styles 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. All styles fall 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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