The tariff classification of women's sleepwear from China, the Philippines and Sri Lanka.

NY G87715 April 10, 2001 CLA-2-62:RR:NC:N3:360 G87715 CATEGORY: Classification TARIFF NO.: 6208.91.3010 Ms. Gina Whitehead Warnaco 149 Madison Avenue New York, NY 10016 RE: The tariff classification of women's sleepwear from China, the Philippines and Sri Lanka. Dear Ms. Whitehead: In your letter dated March 8, 2001, you requested a ruling on tariff classification. All of the submitted samples are women’s sleep separates constructed from 100 percent cotton flannel woven fabric. Style S0135 is a woman’s pajama pant that features an elasticized waist and long hemmed legs. Style S0168 is a woman’s pajama pant that features a partially elasticized drawstring waist, a simulated fly front and long hemmed legs. Style S0170 is a woman’s pajama pant that features a partially elasticized drawstring waist, a simulated fly front and short hemmed legs. Style 0164 is a woman’s pajama top that features short sleeves with cuffs, a collar, a full front opening secured by one button at the neck and five buttons beneath a placket and a shirttail bottom. Style S0290 is a woman’s pajama bottom that features an elasticized waist and short hemmed legs. Style S0292 is a pair of pajamas. The upper body garment features long hemmed sleeves, a collar, one chest pocket and a full front opening secured by one button at the neck and five buttons beneath a placket. The pajama bottom features an elasticized drawstring waist and long hemmed legs. The applicable subheading for styles S0135, S0168, S0170, S0164 and S0290 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 general rate of duty will be 11.4 percent ad valorem. The applicable subheading for style S0292 will be 6208.21.0010, 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: with two or more colors in the warp and/or the filling. The duty rate will be 9.1 percent ad valorem. Styles S0135, S0168, S0170, S0164 and S0290 fall within textile category designation 352 and style S0292 falls within textile category designation 351. Based upon international textile trade agreements products of China, the Philippines and Sri Lanka 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 212-637-7080. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division