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NY J87802





August 21, 2003

CLA-2-62:RR:NC:N3:360 J87802

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

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

RE: The tariff classification of women's pajama separates from Hong Kong

Dear Ms. Greener:

In your letter dated July 31, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Item number 045-1208 (regular) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, long legs with side vents trimmed with a sateen trim. This garment will also be imported in petite and tall sizes under item numbers 045-1209 and 045-1210.

Item number 045-1216 (regular) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, long hemmed legs with sateen overlay on the bottom.

The applicable subheading for both garments 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.

Both garments fall within textile category designation 352. Based upon international textile trade agreements products of Hong Kong 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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