CLA-2-62:S:N:N:3-I:360 865715

Ms. Ellen E. Rosenberg
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004

RE: The tariff classification of women's pajamas from India.

Dear Ms. Rosenberg:

In your letter dated July 31, 1991, on behalf of your client, Frederick Worldwide Company, Division of Frederick Atkins, Inc., you requested a classification ruling.

The submitted sample, style F1046, is a pair of women's pajamas manufactured from 100% cotton, yarn-dyed, woven fabric. The loosefitting upper component has 3/4-length, straight sleeves with hemmed edges; a full frontal opening secured by five buttons; a pointed collar without a collarband; small lapels; a left breast pocket; a rear shoulder yoke; an inverted pleat on the back; and a straight, hemmed bottom. The trouser-like lower component has a fully elasticized waist. The sample is being retuned under separate cover.

The applicable subheading for the pajamas will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's nightdresses and pajamas of cotton, with two or more colors in the warp and/or the filling. The rate of duty will be 9.5 percent ad valorem. The pajamas fall within textile category designation 351. Based upon international textile trade agreements, products of India are subject to visa requirements 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