NY 854747

CLA-2-62:S:N:N3-I:360 854747

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004

RE: The tariff classification of a woman's ensemble from India.

Dear Mr. Stack:

In your letter dated July 24, 1990, on behalf of your client, Frederick Worldwide Company, you requested a tariff classification ruling.

The submitted sample, style number IN3303, which you describe as a "short sleeved, short legged pajama", is a woman's two-piece ensemble, consisting of a shirt and a pair of pull-on shorts. The shirt and shorts are made up in identical, woven, printed fabric, which is composed of 100% cotton. The shirt has short sleeves with turned-up cuffs; a full, frontal opening with a seven-button placket; a pointed collar with a collarband; a patch pocket on the left side of the chest; a shoulder yoke; a box pleat on the back; and a curved bottom edge. The shorts have a fully elasticized waistband and hemmed leg openings. The sample is being returned under separate cover.

The applicable subheading for the shirt will be 6204.22.3065, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ensembles: of cotton: blouses and shirts: other. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for the shorts will be 6204.22.3050, HTS, which provides for women's ensembles: of cotton: shorts. The rate of duty will be 17.7 percent ad valorem.

The shirt falls within textile category designation 341, and the shorts fall within textile category 348. Based upon international textile trade agreements, products of India are subject to a visa requirement and quota restraints. 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 the result of international bilateral agreements which 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