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NY J88485




September 30, 2003

CLA-2-62:RR:NC:N3:360 J88485

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Amanda Wilson
Dillard’s Inc.
1600 Cantrell Road
Little Rock, AR 72201

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

Dear Ms. Wilson:

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

Style S42PS1111 is a women’s woven pajama pant constructed from lightweight 100% cotton broadcloth fabric. The capri length garment features a fully elasticized waist with a drawstring and rick rack trimming at the hem.

Style S42PS1114 is a women’s woven pajama pant constructed from lightweight 100% cotton broadcloth fabric. The garment extends to the ankles and features a rear elasticized waistband with a functional drawstring, rick rack trimming at the hem and a rear patch pocket.

Based upon the appearance of the garments, and the information you have provided concerning their marketing, the garments are considered sleepwear.

The applicable subheading for both 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.

Both styles fall 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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