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NY A88451

November 8, 1996

CLA-2-62:RR:NC:WA:360 A88451


TARIFF NO.: 6211.42.0054; 6204.62.4055

Mr. James J. Kelly
BARTHCO International, Inc.
7575 Holstein Ave.
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated October 9, 1996, you requested a classification ruling on behalf of Mother's Work Inc. The sample submitted with your request will be returned to you under separate cover.

Style MWWZ - 295 consists of two women's garments, a blouse and a pair of shorts, constructed from 100 percent cotton woven fabric. The sleeveless blouse features a full front opening secured by five fabric covered buttons, two pockets located below the waist and trim around the buttonholes and on the pockets. The garment is designed for the nursing mother and therefore contains slits with snap closures at each breast. The rear of the garment has a tunnel drawstring at the waist to adjust the fit. The shorts have a fully elasticized waistband.

You maintain that the garments are intended to be worn as sleepwear. To be classified as pajamas, garments must be intended to be worn while sleeping. Garments worn casually at home, and multi-use garments are not classified as sleepwear. In order to determine the manner in which the garments will be used, Customs examines the garment itself, as well as, the manner in which it is marketed to the ultimate consumer. An examination of the garments in this case indicates a potential for multiple uses. The marketing statements presented were inconclusive, therefore the garments will not be classified as sleepwear.

The applicable subheading for blouse of style MWWZ-295 will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, women's or girls': of cotton: blouses, shirts and shirt-blouses...excluded from heading 6206: with two or more colors in the warp and/or filling. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for shorts of style MWWZ-295 will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls'...shorts: of cotton: other: other: shorts: women's. The duty rate will be 17.5 percent ad valorem.

The blouse of style MWWZ-295 falls within textile category designation 341; the shorts fall within textile category 348. Based upon international textile trade agreements products of India are subject to a visa requirement and quota restraints.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 (212) 466-5866.


Roger J. Silvestri

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