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NY K82208




January 27, 2004

CLA-2-62:RR:NC:N3:360 K82208

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Tina DePriest
Wal-Mart Stores, Inc.
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of women's pajama bottoms from Bangladesh

Dear Ms. DePriest::

In your letter dated October 15, 2003, and received on January 5, 2004, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you as requested.

Style ST34745 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, a non-functional fly front with three buttons and long hemmed legs.

Style ST34645 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, short hemmed legs with side vents.

The submitted garments are considered sleepwear, based on appearance and the manner in which they are advertised and sold. You have not indicated whether the garment will be imported with a matching top in the same shipment. If it is imported with a matching component in the same shipment, the two garments will be classified as pajamas.

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 gowns and similar articles: other: of cotton: other: women’s. The rate of duty will be 11.2 percent ad valorem.

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