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NY I89367




December 31, 2002

CLA-2-62:RR:NC:N3:360 I89367

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

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

RE: The tariff classification of women's pajama bottoms from Indonesia and India

Dear Ms. Greener:

In your letter dated December 18, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Four styles of women’s woven sleep bottoms made from 100 percent cotton woven fabric were submitted with your request. You state that these bottoms are part of a mix and match sleep collection and will be sold separately. The bottoms have coordinating knit tops that are available for separate sale. It is assumed that the sleep bottoms will be imported separately without matching tops.

Item # 045-0941 (regular size) is a capri length pajama bottom with an elasticized waistband with drawstring and hemmed legs. This garment will also be imported under item #’s 045-0942 (petite size), 045-0943 (tall size) and 045-0944 (plus size).

Item # 045-0957(regular size) is a capri length pajama bottom with an elasticized waistband with drawstring and scalloped hemmed legs. This garment will also be imported under item #’s 045-0958 (petite size), 045-0959(tall size) and 045-0960 (plus size).

Item # 045-0965 (regular size) is a sleepwear short with an elastic waist and a drawstring. This garment will also be imported under item #’s 045-0966 (petite size), 045-0967 (tall size) and 045-0968 (plus size)

Item # 045-0949 (regular size) is a sleep bottom with an elastic waist and drawstring and long hemmed legs. This garment will also be imported under item #’s 045-0950 (petite size), 045-0951 (tall size) and 045-0952 (plus size).

You have submitted documentation and advertising material to support your claim of sleepwear. Based on the appearance of the garment and the manner in which they will be marketed and sold, we agree with your claim.

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’s. Effective January 1, 2003, 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 Indonesia and 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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