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NY G82805




November 9, 2000

CLA-2-62:RR:NC:TA 360 G82805

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.1010; 6208.91.3010

Mr. Richard Dougherty
Tower Group International
107 Henderson Drive
Sharon Hill, PA 19079-1033

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

Dear Mr. Dougherty:

In your letter dated October 6, 2000, you requested a classification ruling on behalf of Urban Outfitters, Inc. The samples submitted with your request will be returned to you under separate cover. All of the samples are constructed from 100 percent cotton woven fabric.

Style AFBEO010 is a woman’s robe that features short sleeves, a wrap front, side vents, a four button fly front, a self-fabric belt and belt loops. The robe is embellished with embroidery.

Style AFBEP012 is a woman’s pajama bottom. The garment features an elasticized drawstring waist and capri length legs. The garment is embellished with embroidery.

Style AFBET017 is a woman’s pajama top. The upper body garment is sleeveless and features a wrap front with self-fabric ties inside and out. The garment is embellished with embroidery.

It is your contention that these garments are correctly classifiable as intimate apparel items. Based on the appearance of the garments and the manner in which they will be marketed, we agree with your contention.

The applicable subheading for style AFBEO010 will be 6208.91.1010, 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: bathrobes, dressing gowns and similar articles: women’s. The duty rate will be 7.9 percent ad valorem.

The applicable subheading for styles AFBEP012 and AFBET017 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 11.5 percent ad valorem.

Style AFBEO010 falls within textile category designation 350 and styles AFBEP012 and AFBET017 fall within textile category designation 352. Based upon international textile trade agreements products of India 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.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.

Sincerely,

Robert B. Swierupski
Director,

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