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NY J86608




July 31, 2003

CLA-2-62:RR:NC:N3:360 J86608

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Natisha Craig
Wal-Mart Stores, Inc.
Wall-Mart Logistics
Mail Stop #0410-L-32
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of a woman's pajama bottom from China

Dear Ms. Craig:

In your letter dated July 8, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style ST14727 is a pair of women’s pajama bottoms constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, side pockets on each thigh and long hemmed legs.

You have indicated in your letter that this garment will be marketed and sold as sleepwear and will have a label and hangtag indicating its use as a sleepwear separate. Based on its appearance, and the merchandising information you have provided, the garment is considered sleepwear.

The applicable subheading for style ST14727 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.

Style ST14727 falls within textile category designation 352. Based upon international textile trade agreements products of China 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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