Protest No. 3001-97-100261; Classification of women’s garments; sleepwear vs. outerwear

HQ 960638 June 3, 1999 CLA2 RR:CR:TE 960638 SG CATEGORY: Classification TARIFF NO.: 6108.32.0010 Port Director 1000 2nd Avenue Seattle, Washington 98104-1049 RE: Protest No. 3001-97-100261; Classification of women’s garments; sleepwear vs. outerwear Dear Sir: This is in response to the request for further review of protest 3001-97-100261 filed by Eddie Bauer Inc. on April 22, 1997, on a women’s two piece garment, style 045-4834, et al. New York Ruling (NY) A85203 dated August 29, 1996, classified a women’s two piece garment, style 045-4834, et al., in headings 6106 and 6104, Harmonized Tariff Schedules of the United States (HTSUS). The goods were entered in accordance with NY A85203 as shirts and trousers. On April 14, 1996, Eddie Bauer Inc. requested further review of protest 4103-97-100145 on identical merchandise, women’s two piece garment, style 045-4834, et al., entered in Cleveland. In Section V of the April 22, 1997, protest filed with your office, they failed to indicate that the same claim with respect to the same category of merchandise was pending before Customs in Cleveland, in contravention of 19 CFR 174. A copy of the decision on the Cleveland protest is enclosed, please act accordingly. Sincerely, John Durant, Director Commercial Rulings Division Enclosure