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NY K82708




February 13, 2004

CLA-2-62:RR:NC:N3:360 K82708

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Ms. Pilar Dorfman
E. Besler & Company
P.O. Box 66361
Chicago, IL 60666-0361

RE: The tariff classification of women's sleepwear from China

Dear Ms. Dorfman:

In your letter dated January 19, 2004, you requested a tariff classification ruling on behalf of LTD Commodities LLC. The submitted sample will be returned as requested.

Style YLC-Polysatin Capri Sleepwear is a woman’s pajama set constructed from 100 percent polyester woven satin fabric. The upper body garment is sleeveless and features a V-neckline and side vents. The front neckline and hem have lace trimming. The pajama pant features an elasticized waist and capri length legs with lace trimming at the hem.

Based upon the appearance of the garments and the manner in which they will be marketed and sold, we agree that the garments fall under the heading for sleepwear.

The applicable subheading for the pajamas will be 6208.22.0000, 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: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

The pajamas fall within textile category designation 651. 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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