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NY J83252




May 7, 2003

CLA-2-62:RR:NC:N3:360 J83252

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0010

Ms. Diane L. Weinberg
Meeks & Sheppard
3320 Madison Avenue
39th Floor
New York, NY 10017

RE: The tariff classification of women's sleepwear from Bangladesh, Cambodia, Pakistan and the Philippines

Dear Ms. Weinberg:

In your letter dated April 8, 2003, you requested a tariff classification ruling on behalf of Movie Star, Inc. The samples submitted with your request will be returned to you under separate cover.

Style KO15324 is a three-piece sleepwear set consisting of a pair of pajamas and a bed jacket. The pajamas are constructed from 100 percent polyester charmeuse woven fabric and the bed jacket is constructed from 100 percent polyester chiffon woven fabric. The pajama top features a V-neckline and adjustable shoulder straps. The pajama pant features an elasticized waist and long hemmed legs. The bed jacket features long sleeves, a notched collar and a full front opening secured by five buttons. The collar, cuffs and buttons are of the charmeuse fabric.

Style KO15238 is a three-piece sleepwear set consisting of pajamas and a bed jacket. All of the pieces are constructed from 100 percent polyester woven fabric. The pajama top features a scooped neckline and adjustable shoulder straps. The pajama pant features an elasticized waist and long hemmed legs. The bed jacket features long sleeves, a collar and a full front opening secured by five buttons. The collar, cuffs and front plackets are of the same contrasting colored pattern and the pajama top.

The applicable subheading for the pajamas will be 6208.22.0000, 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: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

The applicable subheading for the bed jackets will be 6208.92.0010, 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 man-made fibers: bathrobes, dressing gowns and similar articles: women’s. The rate of duty will be 16.1 percent ad valorem.

The pajamas fall within textile category designation 651 and the bed jackets fall within textile category designation 650. Based upon international textile trade agreements products of category 651 from Bangladesh, Pakistan and the Philippines are currently subject to quota restraints and the requirement of a visa. Products of category 651 from Cambodia are not currently subject to quota restraints but are subject to a visa requirement. Products of category 650 from Bangladesh, Pakistan and the Philippines are not currently subject to quota restraints or a visa requirement. Products of category 650 from Cambodia are not currently subject to quota restraints but are subject to a visa requirement.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.).

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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