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NY K87405




July 21, 2004

CLA-2-62:RR:NC:N3:360 K87405

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.91.3010

Ms. Lori J. Pender
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

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

Dear Ms. Pender:

In your letter dated June 30, 2004, you requested a ruling on tariff classification. The submitted samples will be returned to you as requested.

Style XL7001 is a woman’s nightshirt constructed from 100 percent cotton flannel woven fabric. The garment features long sleeves with buttoned closures, a round neckline with a partial opening secured by a button and loop closure and a shirttail bottom.

Style XL8008 is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment features an elasticized drawstring waist, long legs with a ribbon trim at the bottom.

Style XL8178 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, capri-length legs and a front left pocket.

Style XL4057 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, short hemmed legs and a pocket on the lower right leg.

The applicable subheading for style XL7001 will be 6208.21.0020, 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 cotton: other: women’s. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for styles XL8008, XL8178 and XL4057 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.

Style XL7001 falls within textile category designation 351 and styles XL8008, XL8178 and XL4057 fall within textile category designation 352. Based upon international textile trade agreements products of India 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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