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NY C84937

March 25, 1998

CLA-2-62:RR:NC:TA:360 C84937


TARIFF NO.: 6208.91.3010

Laura Proctor
JCPenney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of a woman's woven pajama bottom from Bangladesh

Dear Ms. Proctor:

In your letter dated February 26, 19987, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 2356 (lot number 123-4015) is a woman's lower body garment constructed from 100 percent cotton woven flannel fabric. The fabric weighs 4.5 ounces per square yard. The pull-on boxer style garment features a covered elasticized waist and a two button fly front. Although the garment buttons left over right, you submitted information concerning the construction of the garment to establish the fact that the garment is cut to accommodate a woman's hips. Further, you state that the garment is marketed as intimate apparel and submitted advertising showing that the boxer short will be marketed with sleepwear and panties.

The applicable subheading for style 2356 (lot number 123-4015) 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...and similar articles: other: of cotton: other: women's. The duty rate will be 11.7 percent ad valorem.

Style 2356 (lot number 123-4015) falls within textile category designation 352. Based upon international textile trade agreements products of Bangladesh 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.


Robert B. Swierupski

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