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E89015 E8 Ruling Active

The tariff classification of women’s woven sleepwear from India

Issued December 9, 1999 by U.S. Customs and Border Protection.

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E8 E89015 (December 9, 1999)

Tariff classification

HTS codes: 6208.91.3010, 6208.21.0020

Headings: 6208

Product description

Style 40813 is a women’s pajama bottom constructed from 100 percent cotton woven fabric. The garment extends to the ankles and has a fully elasticized waistband and contrasting colored embroidery at the ankles. Style 40816 is a women’s pajama short constructed from 100 percent cotton woven fabric. The garment has a fully elasticized waistband and contrasting colored embroidery at the leg openings. Style 40817 is a women’s sleep gown constructed from 100 percent cotton woven fabric. The sleeveless garment extends to above the knees and features a V-neckline and contrasting colored embroidery around the neckline and hem.

CBP rationale

The applicable subheading for the styles 40813 and 40816 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven sleepwear bottoms of cotton. The applicable subheading for the style 40817 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven nightdresses of cotton.

Full text

NY E89015 December 9, 1999 CLA-2-62:RR:NC:TA:360 E89015 CATEGORY: Classification TARIFF NO.: 6208.21.0020; 6208.91.3010 Ms. Lavinia Chan Corporate Customs Specialist J. Crew Group, Inc. 770 Broadway – 11th Floor New York, NY 10003 RE: The tariff classification of women’s woven sleepwear from India Dear Ms. Chan: In your letter dated November 16, 1999, you requested a classification ruling. The samples submitted with your request will be returned under separate cover. Style 40813 is a women’s pajama bottom constructed from 100 percent cotton woven fabric. The garment extends to the ankles and has a fully elasticized waistband and contrasting colored embroidery at the ankles. Style 40816 is a women’s pajama short constructed from 100 percent cotton woven fabric. The garment has a fully elasticized waistband and contrasting colored embroidery at the leg openings. Style 40817 is a women’s sleep gown constructed from 100 percent cotton woven fabric. The sleeveless garment extends to above the knees and features a V-neckline and contrasting colored embroidery around the neckline and hem. You state that the garments are part of a sleepwear grouping and will be marketed and sold as such. Based on the appearance of the garments and the manner in which they will be sold we concur with your assertion. The applicable subheading for the styles 40813 and 40816 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven sleepwear bottoms of cotton. The duty rate will be 11.6 percent ad valorem. In 2000, the rate of duty will be 11.5 percent ad valorem. The applicable subheading for the style 40817 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven nightdresses of cotton. The duty rate will be 9.2 percent ad valorem. In 2000, the rate of duty will be 9.1 percent ad valorem. Styles 40813 and 40816 fall within textile category designation 352; style 40817 falls within textile category designation 351. Based upon international textile trade agreements products of India are subject to quota 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 212-637-7080. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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