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April 13, 1999

CLA-2-62:RR:NC:360 D89390


TARIFF NO.: 6208.92.0020; 6208.22.0000

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 Macau, Sri Lanka or the United Arab Emirates

Dear Ms. Baron:

In your letter dated March 18, 1999, you requested a classification ruling on behalf of O’Bryan Brothers Inc. The samples submitted with your request will be returned to you under separate cover.

The samples submitted are constructed from 100 percent polyester satin woven fabric. Style R70130 is a woman’s pajama bottom that features an elasticized drawstring waist and long hemmed legs. Style R60005 is a woman’s pajama top that features long hemmed sleeves, a collar, side vents and a full front opening secured by four buttons.

The garments are part of a sleepwear line that will be marketed and sold as sleepwear separates. Based on the appearance of the garments, as well as the information you submitted, the garments are designed as sleepwear, and will be sold to the ultimate consumer as such.

When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, styles R70130 and R60005 are classifiable in subheading 6208.22.0000, HTS, which provides for women’s or girls’ pajamas, of man-made fibers. The applicable rate of duty will be 16.5 percent ad valorem and the textile category designation is 651.

When imported separately, or when imported without a matching component, styles R70130 and R60005 are classifiable in subheading 6208.92.0030, HTS, which provides for women’s or girls’ other garments, of man-made fibers. The applicable rate of duty will be 16.5 percent ad valorem and the textile category designation is 652.

Based upon international textile trade agreements products of Sri Lanka are subject to quota restraints and a visa requirement. Products of Macau and the United Arab Emirates are subject to a visa requirement and not to quota restraints except for category designation 652 from the United Arab Emirates.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.


Robert B. Swierupski

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