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January 29, 1999

CLA-2-62:RR:NC:TA:360 D86591

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Teresa A. Raffa
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018

RE: The tariff classification of women’s sleepwear from China

Dear Ms. Raffa:

In your letter dated January 14, 1999, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 23436 is a woman’s pajama top constructed from 100 percent cotton woven flannel fabric. The garment features long sleeves, a collar and lapels and a full front opening secured by four buttons.

Style 23435 is a woman’s pajama pant constructed from 100 percent cotton woven flannel fabric. The garment features an elasticized waist and long hemmed legs.

Style 23434 is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, side seam pockets and long hemmed legs.

The applicable subheading for all styles 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.

All styles fall within textile category designation 352. Based upon international textile trade agreements products of China 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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