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NY J82277

April 14, 2003

CLA-2-62:RR:NC:N3:360 J82277


TARIFF NO.: 6208.21.0020

Ms. Min Hong
Vandegrift Forwarding Company, Inc.
One Evertrust Plaza
Jersey City, NJ 07302

RE: The tariff classification of women's pajama from China.

Dear Ms. Hong:

In your letter dated March 14, 2003, you requested a tariff classification ruling on behalf of H&M Hennes & Mauritz. The sample submitted with your request will be returned to you under separate cover.

Style 629470 is a pair of women’s pajamas constructed from 100 percent cotton woven fabric. The pajama top features a V-neckline trimmed with lace, an empire waist with pin tucks on the body, adjustable shoulder straps and a lace overlay with ribbon that tie at the sides. The pajama bottom features a partially elasticized waist with a drawstring front and long legs with a lace overlay and ribbon that tie at the sides.

You have indicated that these garment will be sold in your sleepwear department and will have a label indicating that these are sleepwear garments.

The applicable subheading for 629470 will be 6208.21.0020, 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: nightdresses and pajamas: of cotton: other: women’s. The rate of duty will be 9 percent ad valorem.

Style 629470 falls within textile category designation 351. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

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 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.).

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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