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NY I86259




October 21, 2002

CLA-2-62:RR:NC:N3:360 I86259

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010; 6108.91.0030

Ms. Ruth Hayd
Kohl's
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

RE: The tariff classification of women's sleep separates from El Salvador and the Philippines

Dear Ms. Hayd:

In your letter dated September 17, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style SL8707 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long legs with a ruffled bottom.

Style LW8801 is a woman’s pajama bottom constructed from 100 percent cotton jersey knit fabric. The garment features an elasticized drawstring waist and long hemmed legs with side vents.

Style LW8804/LW8805 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized waist, a non-functional fly front with two button trim and long hemmed legs.

Style LW8808B/LW8809B is a woman’s boxer-styled pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, a non-functional fly front with a button trim and short hemmed legs.

Style LW8808A/LW8809A is a woman’s boxer-styled pajama bottom identical in styling to the above.

The applicable subheading for styles SL8707, LW8804/LW8805, LW8808B/LW8809B and LW8808A/LW8809A 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 rate of duty will be 11.3 percent ad valorem.

The applicable subheading for style LW8801 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of cotton: other: women’s. The rate of duty will be 8.6 percent ad valorem.

Styles SL8707, LW8804/LW8805, LW8808B/LW8809B and LW8808A/LW8809A fall within textile category designation 352 and style LW8801 falls within textile category designation 350. Based upon international textile trade agreements products of El Salvador are currently not subject to quota restraints or the requirement of a visa. Products of the Philippines that fall within textile category 352 are subject to quota restraints and a visa requirement. Products from the Philippines that fall within textile category 350 are currently not subject to quota restraints or 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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