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NY J84218




May 20, 2003

CLA-2-62:RR:NC:N3:360 J84218

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a woman's sleepshirt from Vietnam

Dear Ms. Greener:

In your letter dated May 12, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Design# D3357129 is a woman’s sleepshirt constructed from 100 percent cotton woven fabric. The garment features long sleeves, a V-neckline, a partial front opening secured by three buttons and side vents.

In your letter you have indicated that this garment will be sold in a “sleep shop” section and when imported will have an “Eddie Bauer Sleepwear” label attached. Based on appearance, and the manner in which it will be sold, the garment is considered sleepwear.

The applicable subheading for the sleepshirt will be 6208.21.0010, 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: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The rate of duty will be 9 percent ad valorem.

In your letter you suggest classification under 6208.21.0020. Design# D3357129, however, is properly classified under 6208.21.0010. The garment has two or more colors in the warp and/or the filling.

The sleepshirt falls within textile category designation 351. Based upon international textile trade agreements products of Vietnam are currently subject to quota restraints but not 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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