The tariff classification of women's sleepwear from India.

NY I81554 May 16, 2002 CLA-2-62:RR:NC:N3:360 I81554 CATEGORY: Classification TARIFF NO.: 6208.91.1010; 6208.91.3010 Ms. Kate Ryan Urban Outfitters Inc. 1809 Walnut Street Philadelphia, PA 19103 RE: The tariff classification of women's sleepwear from India. Dear Ms. Ryan: In your letter dated May 9, 2002, you requested a ruling on tariff classification. The samples that you submitted with your request will be returned to you under separate cover. Style ASDVO057 is a woman’s bathrobe constructed from 100 percent cotton woven fabric. The garment features short sleeves, side pockets, and a full front opening secured by a self-fabric belt. The garment has embroidery and decorative stitching on the front panels and around the neck and front opening. Style ASDVT313 is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features a drawstring V-neckline, ½ inch wide shoulder straps and a full front opening secured by eight buttons. The garment is embellished with embroidery. Style ASDVP221 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, one back pocket and long legs. The lower legs are embellished with embroidery also the back pocket and the upper right front panel below the waist. The applicable subheading for style ASDVO057 will be 6208.91.1010, 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: bathrobes, dressing gowns and similar articles: women’s. The rate of duty will be 7.7 percent ad valorem. When imported separately, or when imported without a matching component, styles ASDVT313 and ASDVP221, are classifiable in subheading 6208.91.3010, HTSUSA, which provides for, inter alia, women’s or girls’ other sleepwear, of cotton. The applicable rate of duty will be 11.3 percent ad valorem and the quota category will be 352. When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, styles ASDVT313 and ASDVP221, are classifiable in subheading 6208.21.0020, HTSUSA, which provides for women’s or girls’ nightdresses and pajamas, of cotton: other: women’s. The applicable rate of duty will be 9 percent ad valorem and the quota category will be 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 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 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division