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NY L80289




November 12, 2004

CLA-2-62:RR:NC:N3:360 L80289

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Mr. Steve Renfroe
May Merchandising Company may Department Stores International, Inc. 615 Olive Street
St. Louis, MO 63101

RE: The tariff classification of women's pajamas from India

Dear Mr. Renfroe:

In your letter received on October 20, 2004, you requested a ruling on tariff classification. The submitted samples will be returned to you as requested.

The submitted samples are women’s pajamas constructed from 100 percent cotton woven fabric.

Style 84158 consists of an upper body garment and pajama bottom. The upper body garment features a V-neckline with a lace insert, ribbon shoulder straps, a mesh insert under the bust that extends to the back panels, side vents and a full back opening secured by five button and loop closures. The garment has decorative trim on the bodice. The pajama bottom features an elasticized drawstring waist, one reap pocket and long legs. The pocket has ribbon and decorative trim. The bottom pants legs have ribbon, lace and decorative trim.

Style 84164 consists of an upper body garment and pajama bottom. The upper body garment features a V-neckline with lace insert, ribbon shoulder straps, tucks on the bodice, side vents, a full back opening secured by five button and loop closures and a mesh insert under the bust that extends to the back panels. The pajama bottom features an elasticized drawstring waist, tucks at the waist, one rear pocket with ribbon trim and long legs. The pant legs have tucks and lace and ribbon trim at the bottom.

Style 84156 is identical in styling to style 84164.

The applicable subheading for all styles 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, 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 8.9 percent ad valorem.

All styles fall within textile category designation 351. 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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