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NY B81459

November 24, 1997

CLA-2-61:RR:NC:WA:361 B81459


TARIFF NO.: 6108.31.0010

Ms. Michele Markowitz
Grunfeld, Desiderio, Lebowitz & Silverman LLP Counselors at Law
245 Park Avenue
New York, NY 10167

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

Dear Ms. Markowitz:

In your letter dated November 6, 1997, you requested a tariff classification ruling for three styles of women's sleepwear on behalf of Richard Leeds International, Inc. The samples are being returned, as you requested.

Style 3270 is a woman's nightgown of 100% cotton knit fabric. The nightdress extends to approximately mid thigh, and features short sleeves, a V-shaped neckline, and side slits extending upward from the hemmed bottom approximately 3.5 inches.

Style 3273 is also a woman's nightdress of 100% cotton knit fabric. The sleeveless nightdress extends below the knee, and features two inch shoulder straps, a U-shaped front and back neckline, and side slits extending upward from the hemmed bottom approximately ten inches.

Style 3278 is a pair of pajamas for women, constructed of 100% cotton knit fabric. The sleeveless pajama top features 1/2 inch shoulder straps, a U-shaped neckline in front and back, and a plain hemmed bottom. The pajama bottoms are pull-on shorts with an elasticized waistband. You noted that the pajamas will be imported as a unit, with equal numbers of tops and bottoms, and will be sold at retail as a unit.

You have also noted that these garments will all be sold as sleepwear, and all will have a hang tag stating "True Colors(for sleeping)."

The applicable subheading for all three styles will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightdresses and pajamas of cotton. The rate of duty will be 8.8 percent ad valorem.

All three styles fall within the textile category designation 351. Based upon international textile trade agreements, garments imported from India are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


Robert B. Swierupski

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