The tariff classification of women's pajama bottoms from India

NY J89799 November 14, 2003 CLA-2-62:RR:NC:N3:360 J89799 CATEGORY: Classification TARIFF NO.: 6208.91.3010 Ms. Tina DePriest Wal-Mart Stores, Inc. 601 N. Walton Bentonville, AR 72716-0410 RE: The tariff classification of women's pajama bottoms from India Dear Ms. DePriest: In your letter dated October 15, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover. Both of the submitted samples are women’s pajama bottoms constructed from 100 percent cotton woven fabric. Style ST14763 features an elasticized drawstring waist, a patch pocket on the left upper front and short hemmed legs with side vents. Style ST14734 is identical in styling to the above with long legs. Based on the appearance of the garments and the manner in which they will be marketed and sold, the garments are considered sleepwear and classified under heading 6208, HTS. The applicable subheading for both styles 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 rate of duty will be 11.3 percent ad valorem. Both styles fall within textile category designation 352. 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, National Commodity Specialist Division