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NY A87237

October 4, 1996

CLA-2-62:RR:NC:WA 360 A87237


TARIFF NO.: 6208.21.0010

Ms. Helene Urbaitel
30 East 33rd Street
New York, NY 10016

RE: The tariff classification of women's sleepwear from India, Oman and Costa Rica

Dear Ms. Urbaitel:

In your letter dated August 21, 1996, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Five styles (2133, 2963, 2973, 2964 and 2974) of women's sleepwear were submitted with your request. All are constructed from 100 percent cotton woven seersucker fabric. All of the garments are sized for a comfortable fit and are advertised and sold as sleepwear.

Styles 2133, 2963, and 2973 are two piece pajamas. Style 2133 features a short sleeved top with a notched collar and a full front opening secured by four fabric covered buttons. Style 2963 features a sleeveless top with a full front opening secured by four fabric covered buttons and a notched collar. Style 2973 features a sleeveless top with a scoop neckline and a full front opening secured by five fabric covered buttons. All of the tops also feature piping around the full front openings. The bottom for all three styles consists of a pull-on short with a fully elasticized, covered waistband.

Styles 2974 and 2964 are one-piece, romper-styled sleeveless pajamas which extend from the shoulder to the mid-thigh. Style 2974 has a scoop neckline, piping around the neck and front opening and four fabric covered buttons. Style 2964 has a notched collar and five covered buttons.

The applicable subheading for styles 2133, 2963, 2973, 2964 and 2974 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls'... nightdresses, pajamas, negligees, bathrobes, dresing gowns and similar articles: nightdresses and pajamas: of cotton, with two or more colors in the warp and/or the filling. The duty rate will be 9.4 percent ad valorem.

All five styles fall within textile category designation 351. Based upon international textile trade agreements products of India are subject to quota restraints and a visa requirement. Products of Oman are subject to a visa requirement aand are currently not subject to quota restraints. Products of Costa Rica, at this time, are not subject to either quota restraints or a visa requirement.

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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