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NY E88300

November 22, 1999

CLA-2-62:RR:NC:360 E88300


TARIFF NO.: 6208.91.3010

Mr. David Murphy
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
33rd FL
New York, NY 10167-3397

RE: The tariff classification of women’s woven sleep separates from China

Dear Mr. Murphy:

In your letter dated October 14, 1999, you requested a classification ruling on behalf of American Eagle Outfitters, Inc./Value City Imports. The samples submitted with your request will be returned to you under separate cover.

Styles 4289 and 42101 are women’s pajama bottoms constructed from 100 percent cotton woven fabric. Style 4289 has a printed design and features a covered waistband with a drawstring, two side patch pockets and long hemmed legs. Style 42101 is made from a sheer lightweight fabric and features a narrow, covered waistband with a drawstring, side seam pockets and hemmed legs with embroidery at the hem. You have stated that the garments will be displayed in a section of the store separate from outerwear products along with other sleepwear and underwear garments. Based on the appearance of the garments and the information you have provided, we concur with your claim that the garments are sleepwear separates.

The applicable subheading for styles 4289 and 42101 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sleepwear separates of cotton. The duty rate will be 11.6 percent ad valorem.

Styles 4289 and 42101 fall within textile category designation 352. Based upon international textile trade agreements products of China are subject to quota restraints and a visa requirement.

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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