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NY K89475

September 28, 2004

CLA-2-62:RR:NC:N3:360 K89475


TARIFF NO.: 6208.22.0000

Ms. Theresa Muckey
Arizona Mail Order, Inc.
3740 E. 34th Street
Tucson, AZ 85713

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

Dear Ms. Muckey:

In your letter dated September 8, 2004, you requested a ruling on tariff classification.

The submitted sample, item 18711, consists of two women’s nightgowns constructed from 50 percent cotton and 50 percent polyester woven fabric. The gowns feature short sleeves with lace trim, a split neckline with embroidery, a ribbon tie and a straight hemmed bottom. Although the gowns are packaged together, they will be classified separately.

The submitted sample, item 45748, is a woman’s sleep shirt constructed from 50 percent cotton and 50 percent polyester woven fabric. The sleep shirt features short sleeves with cuffs, a collar, one chest pocket a shirttail bottom and a full front opening secured by six buttons.

Due to the fact that the above garments are to be constructed of a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The garments will be classified as if they consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as a visa and quota requirements. The garments may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for all garments will be 6208.22.0000, 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 man-made fibers. The rate of duty will be 16 percent ad valorem.

All garments fall within textile category designation 651. Based upon international textile trade agreements products of Pakistan 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.


Robert B. Swierupski

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