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NY D84153




November 13, 1998

CLA-2-62:RR:NC:TA:360 D84153

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.91.3010

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

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

Dear Ms. Baron:

In your letter dated October 26, 1998, you requested a classification ruling on behalf of Wacoal America, Inc. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are constructed from 100 percent cotton woven fabric.

Style 412024 is a nightshirt that features a round neckline, long sleeves with button cuffs, a full front opening secured by nine buttons and a shirttail bottom.

Style 413024 is a nightgown. The pullover garment is sleeveless and features a round neckline, one front pocket and a straight hemmed bottom.

Style 411023 is a pajama top. The short sleeved, garment features a collar, side vents, a full front opening secured by six buttons and a straight hemmed bottom.

Style 416023 is a pajama pant featuring a drawstring waist, side seam pockets and long hemmed legs.

Style 446024 is a boxer-styled pajama short featuring an elasticized waist and a fly front secured by two buttons.

In your submisison you stated that all the components are sleepwear components made by a division of Wacoal, America Inc., that manufactures intimate apparel. You have also indicated that the garments are designed to feature the latest trend in pajama styling, an outerwear-like appearance, but are constructed to be roomier than comparable outerwear garments. You also submitted documentation concerning the marketing and condition of sale for these garments. The information submitted supports your claim that the garments are designed, marketed and sold as sleepwear.

The applicable subheading for styles 412024 and 413024 will be 6208.21.0020, 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.

The applicable subheading for styles 411023, 416023 and 446024 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, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women's. The duty rate will be 11.6 percent ad valorem.

Styles 412024 and 413024 fall within textile category designation 351 and styles 411023, 416023 and 446024 fall within textile category designation 352. 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.

Sincerely,

Robert B. Swierupski
Director,

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