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NY J89261





October 1, 2003

CLA-2-62:RR:NC:N3:360 J89261

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Mr. Steve Renfroe
Customs Analyst
May Department Stores International Inc.
615 Olive Street
St. Louis, MO 63101

RE: The tariff classification of women's pajama separates from India

Dear Mr. Renfroe:

In your letter dated September 17, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Styles S/82143 and S/82160 are women’s woven pajama bottoms constructed from lightweight 100% cotton printed eyelet fabric. Both garments feature fully elasticized waistbands with drawstrings and slits at the leg openings. Style S/82143 extends to the ankles while style S/82160 is a pair of shorts.

Based upon the appearance of the garments, and the information you have provided concerning their marketing, the garments are considered sleepwear.

The applicable subheading for both styles 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.

Both styles fall within textile category designation 352. Based upon international textile trade agreements products of India 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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