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NY J84008




May 20, 2003

CLA-2-62:RR:NC:N3:360 J84008

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010; 6108.91.0030

Ms. Lori J. Pender
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

RE: The tariff classification of women's sleepwear separates from India or Thailand

Dear Ms. Pender:

In your letter dated May 1, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

In your letter you mentioned five styles yet only four were submitted.

Style DL8021 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and capri length legs with ribbon trim at the hem.

Style DL8023 is s woman’s pajama bottom constructed from 100 percent cotton poplin woven fabric. The garment features an elasticized drawstring waist and long hemmed legs.

Style DL8024 is a woman’s pajama bottom constructed from 100 percent cotton knit fabric. The garment features an elasticized drawstring waist and capri length legs.

Style DL4041 is a woman’s pajama bottom constructed from 100 percent cotton poplin woven fabric. The garment features an elasticized drawstring waist and short hemmed legs.

You have indicated that the pajama bottoms will have hangtags and a style name depicting these garments as sleepwear and will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear.

The applicable subheading for styles DL8021, DL8022 and DL4041 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 style DL8024 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: other: of cotton: other: women’s. The rate of duty will be 8.6 percent ad valorem.

Styles DL8021, DL8022 and DL4041 fall within textile category designation 352 and style DL8024 falls within textile category designation 350. Based upon international textile trade agreements products of India or Thailand 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 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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