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NY J89826





November 12, 2003

CLA-2-62:RR:NC:N3:360 J89826

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Lucia Ceydeli
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

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

Dear Ms. Ceydeli:

In your letter dated October 7, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are women’s pajama bottoms constructed from 100 percent cotton woven fabric.

Style PG4A023P is a pull-on sleep short with a covered elasticized waist with a drawstring. Style PG4A014P is identical but extends to the ankles.

Style PG4A011Y is a pull-on, capri-length pajama pant with a covered elasticized waist with a drawstring. Style PG4A012Y is identical but is a sleep short.

Style PG4A015P is a pull-on pajama pant with a covered elasticized waist with a drawstring and adjustable drawstrings at the ankles.

The submitted garments are considered sleepwear, based both on their appearance and the manner in which they will be advertised and sold. You have indicated that the garments will not be imported as part of a set.

The applicable subheading for all 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.

All styles fall within textile category designation 352. 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 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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