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NY K83138




March 8, 2004
CLA-2-62:RR:NC:N3:360 K83138

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Cindy R. Taber
Sandler, Travis & Rosenberg, P.A.
551 Fifth Avenue
New York, NY 10176

RE: The tariff classification of women’s woven pajama bottoms from India

Dear Ms. Taber:

In your letter dated February 9, 2004, on behalf of Wacoal America, Inc., you requested a classification ruling. The sample submitted with your request will be returned, as requested.

Style 416174 is a women’s cropped pajama bottom made from 70 percent cotton and 30 percent polyester pickstitched woven fabric. The garment features a rear elasticized waistband with a functional drawstring, hemmed bottoms, and a simulated fly front.

Style 416175 is a women’s short pajama bottom made from 70 percent cotton and 30 percent polyester pickstitched woven fabric. The garment features a rear elasticized waistband with a functional drawstring, hemmed bottoms, and a simulated fly front.

You state that the garments will be imported in a variety of colors and will be marketed and sold as mix and match sleepwear separates as part of the DKNY “Summer 2004 Sleepwear” line. Based on their appearance and the merchandising information provided, we agree with your assertion that the garments are considered sleepwear.

The applicable subheading for styles 416174 and 416175 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’pajamasand similar articles, of cotton, other, women’s. The duty rate will be 11.2 percent ad valorem.

Styles 416174 and 416175 fall within textile category designation 352. Based upon international textile trade agreements products of India are subject to quota 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. 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.

Sincerely,

Robert B. Swierupski
Director,

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