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NY K80439




November 25, 2003

CLA-2-62:RR:NC:N3:360 K80439

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.91.3010

Ms. Johanna L. Berry
AKA International, Inc.
1200 South 192nd Street
Suite 103
Seattle, WA 98148

RE: The tariff classification of women's sleepwear from Macau

Dear Ms. Berry:

In your letter dated October 28, 2003, you requested a tariff classification ruling on behalf of Paul Frank Industries. The samples submitted with your request will be returned to you under separate cover.

Style B2211046 is a pair of women’s pajama pants constructed from 100 percent cotton woven printed fabric. The garment features a partially elasticized drawstring waist, a left over right fly front opening secured by two buttons and cropped legs that extend to just below the knees.

Style B2216011 is a woman’s nightgown constructed from 100 percent cotton woven fabric. The gown features a V-neckline, adjustable shoulder straps with attached fabric ties, a partial back opening secured by self-fabric lacing and a ruffled hem.

Based upon the appearance of the garments and the manner in which they will be marketed and sold, we agree with your suggested classification as sleepwear under heading 6208, HTS. Specifically, you suggest that both items are classifiable under subheading 6208.21.0020, HTS. While this is the correct classification for the nightgown, the pajama bottom is a sleepwear separate and is not considered pajamas, which consist of two garments. The pajama pants are correctly classifiable under subheading 6208.91.3010, HTS.

The applicable subheading for style B2211046 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 B2216011 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 B2211046 falls within textile category designation 352 and style B2216011 falls within textile category designation 351. Based upon international textile trade agreements products of Macau 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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