CLA-2-62:S:N:N5:360 808133
Mr. Dean Barad
Overseas Development Corp.
16835 West Bernardo Drive #203
San Diego, CA 92127
RE: The tariff classification of women's sleepwear garments from Oman and/or China
Dear Mr. Barad:
In your letter dated March 14, 1995, you requested a tariff classification ruling on behalf of Marshalls. The submitted samples will be returned to you under separate cover.
In your letter you have stated that the garments are designed to be used for ladies sleepwear and will be marketed and sold as separates so that the customer can mix and match the coordinated top with either a long or short sleep bottom.
Style 3109 is a boxer-styled sleep made from 100% yarn dyed cotton flannel woven fabric with a weight of 4.10 - 4.20 oz per sq yd. The garment features an elasticized waistband and a one button fly front opening.
Style 3111 is a long sleep bottom made from 100% yarn dyed cotton flannel woven fabric. The garment features a gathered, elasticized waistband and a non-functional tie located on the front, center of the waistband.
Style 3115 is a sleep top made from 60% cotton and 40% polyester thermal knit fabric. The garment features long sleeved and a round neck.
The applicable subheading for styles 3109 and 3111 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: other: women's. The duty rate will be 11.8 percent ad valorem.
The applicable subheading for style 3115 will be 6108.91.0030, 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 duty rate will be 9 percent ad valorem.
Styles 3109 and 3111 fall within textile category designation 352 and style 3115 falls within category 350. Based upon international textile trade agreements, products of China are subject to quota restraints and a visa requirement. Products of Oman are currently subject to a visa requirement only.
The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport