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NY I87878




November 15, 2002

CLA-2-62:RR:NC:N3:360 I87878

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010; 6108.91.0030

Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

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

Dear Sir/Madam Young:

In your letter dated October 22, 2002, you requested a tariff classification ruling on behalf of Meijer Distribution. The samples submitted with your request will be returned to you under separate cover.

Item #733952 is a woman’s pajama top constructed from 60 percent cotton and 40 percent polyester knit fabric. The garment features long sleeves and a round neckline with a satin bow. The garment has decorative stitching around the hem and sleeve edges. The garment also has a printed design on the bodice.

Item #733766 is a woman’s pajama top constructed from 60 percent cotton and 40 percent polyester knit fabric. The garment features a round neckline with a satin bow and spaghetti straps. The garment has decorative stitching at the hem and a printed design on the bodice.

Item #733502 is a woman’s pajama top constructed from 100 percent cotton flannel woven fabric. The garment features long sleeves, a notched collar, one chest pocket, side vents and a full front opening secured by five buttons. The garment has decorative stitching around the sleeve edges, pocket and hem.

Item #733720 is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment features an elasticized drawstring waist and short hemmed legs. The garment has decorative stitching around the hem.

Item #733650 is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment is identical ion styling to the above with long hemmed legs.

You have indicated in your letter that these garments are imported and will be marketed and sold as sleepwear, but they will not be imported in equal numbers of matching tops and bottoms. They will also bear a label with the brand name of “Simple Pleasures” which is indicative of the sleepwear line. Based upon this information and the appearance of the garments, they will be classified as similar to pajamas in heading 6208, HTS.

The applicable subheading for item numbers 733502, 733720 and 733650 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.

The applicable subheading for item numbers 733952 and 733766 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of cotton: other: women’s. The rate of duty will be 8.6 percent ad valorem.

Items 733502, 733720 and 733650 fall within textile category designation 352. Based upon international textile trade agreements products of Indonesia are currently subject to quota and the requirement of a visa. Item numbers 733952 and 733766 fall within textile category designation 350. Based upon international textile trade agreements this category from Indonesia is currently not 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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