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NY J86858




September 17, 2003

CLA-2-62:RR:NC:N3:360 J86858

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Johnna L. Berry
AKA International, Inc.
1200 South 192nd Street
Suite 103
Seattle, WA 98148

RE: The tariff classification of women's pajama separates from China or Macau

Dear Ms. Berry:

In your letter dated August 28, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style 2331033 (Julius flip tab pj bottoms) is a women’s pajama pant constructed from 100 percent cotton woven fabric. The garment extends to the ankles and features a rear elasticized waistband and a drawcord at the front. There are tabs at the bottom of the leg openings and buttons in the thigh area to adjust the length of the pants. The pants have a label that clearly identifies the garment as sleepwear.

You have stated that the pants will be marketed and sold as sleepwear with coordinating pieces. Based on the appearance of the garment and the manner in which it will be marketed, we concur with your contention that the garment is sleepwear.

The applicable subheading for style 2331033 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 gown and similar articles: other: of cotton: other: women’s. The rate of duty will be 11.3 percent ad valorem.

Style 2331033 (Julius flip tab pj bottoms) falls within textile category designation 352. Based upon international textile trade agreements products of China are subject to quota restraints and the requirement of a visa. Products of Macau 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 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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