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NY J85815





July 15, 2003

CLA-2-62:RR:NC:N3:360 J85815

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of women's pajama bottoms from India or Nepal

Dear Mr. Garrett:

In your letter dated June 23, 2003, you requested a ruling on tariff classification for four styles of pajama bottoms. The samples submitted with your request will be returned to you under separate cover.

Style MX-505 is a capri length pajama pant made from 100% cotton woven fabric. It features an elasticized waist with a drawstring and an embroidered panel at the hemline.

Style 6002 is a capri length pajama pant made from 100% cotton woven fabric. It features an elasticized waist with a non-functional drawstring, embroidery on the left leg and contrasting colored trim at the sides.

Style MX516 is a capri length pajama pant made from 100% cotton chambray woven fabric. It features an elasticized waist with a drawstring and ruffles at the hem. The bottoms of the pant legs are embellished with pintucking, embroidery and ribbon above the ruffled hem.

Style OF-4322 is an ankle length pajama pant made from 100% cotton poplin woven fabric. It features an elasticized waist with drawstring, a patch pocket located on left side at the knee, embroidery on the pocket and the lower portion of the legs.

The applicable subheading for all styles 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.

All styles fall within textile category designation 352. Based upon international textile trade agreements products of India are currently subject to quota restraints and the requirement of a visa. Products of Nepal are subject to 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.).

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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