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NY C86522




May 7, 1998

CLA-2-62:RR:NC:TA:360 C86522

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Ms. Kathy Brennan
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women's pajamas and nightshirts from China, Macau or India

Dear Ms. Brennan:

In your letter dated April 13, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Two styles of women's sleepwear were submitted with your request, a nightshirt and a pair of pajamas. Both styles will be made from 100 percent cotton woven flannel fabric. The style numbers shown below indicate a difference in pattern and country of production; the garments will also have different item numbers depending on size range:

Nightshirt:

Style# 24800055 - print - China
045-4924(reg); 045-4925(petite); 045-4926(tall) Style# 24800052 - solid - Macau
045-4915(reg); 045-4916(petite); 045-4917

Pajamas:

Style# 24800056 - print - China
045-4909(reg); 045-4910(petite); 045-4911(tall) Style# 24800043 - solid - India
045-4903(reg); 045-4904(petite); 045-4905(tall)

Style 24800055/24800052 is a nightshirt featuring long sleeves, a pointed collar, a partial front opening secured by six buttons and a shirttail bottom. The garment extends from the neck and shoulders to approximately the knee.

Style 24800056/24800043 is a pair of pajamas. The top features a full front opening secured by six buttons, long sleeves, a rounded collar and side vents. The pull-on bottoms have an elasticized waist and extend to the ankles.

The applicable subheading for styles 24800055/24800052 and 24800056/24800043 will be 6208.21.0010, 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 duty rate will be 9.3 percent ad valorem.

Style 045-4906 falls within textile category designation 351. Based upon international textile trade agreements products of China, Macau or 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.

Sincerely,

Robert B. Swierupski
Director,

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