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NY I87947

November 15, 2002

CLA-2-62:RR:NC:N3:360 I87947


TARIFF NO.: 6208.91.3010

Ms. Lesa R. Hubbard
J.C. Penney and Company
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of woman's pajama bottom from Guatemala

Dear Ms. Hubbard:

In your letter dated October 24, 2002, you requested a ruling on tariff classification.

The submitted sample, lot number 113-6322, is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment features an elasticized drawstring waist, long legs with side vents and a pocket on the upper left leg.

In your letter you indicated that this garment would be marketed and sold as sleepwear in the sleepwear department of retail stores. The garment will bear a label with the brand name “MIXIT” and will have a hangtag advertising the garment as sleepwear separates. Based on the appearance of the garment, as well as the manner in which it will be marketed, the garment is classifiable as a pajama separate in heading 6208, HTS.

The applicable subheading for lot number 113-6322 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.

Lot number 113-6322 falls within textile category designation 352. Based upon international textile trade agreements products of Guatemala are not currently 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.


Robert B. Swierupski

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