CLA-2 CO:R:C:T 950323 HP

Ms. Mary Jo Carroll
Mervyn's
25001 Industrial Blvd.
Hayward, CA 94545

RE: PC 864856 no longer effective for tap pants, style # 23050. Tap pants.

Dear Ms. Carroll:

This is in reference to Pre-Entry Classification Ruling PC 864856 you received from our San Francisco office on July 18, 1991.

FACTS:

The merchandise at issue consists of a pair of ladies' tap pant styled shorts, style #23050, manufactured from 100% woven polyester satin fabric. The garment features a partial opening at one side secured by two self fabric covered buttons, a 1" wide heavy elastic rear waistband, yoke styled front waistband with two wide pleats on each side extending downward, and wide, flared leg openings.

On May 24, 1991, Customs Headquarters issued HRL 088635, classifying men's sleepwear pants and shorts as garments similar to, but not, pajamas. This provision had a corresponding textile category for underwear. On July 12, 1991, Headquarters issued Instruction 1193062, announcing certain statistical breakouts in Chapters 61 and 62, HTSUSA. These breakouts created for both men and women an "other sleepwear" provision.

On July 18, 1991, San Francisco District issued to you PC 864856, classifying, inter alia, women's tap pants (Style # 23050) under subheading 6208.92.0050, HTSUSA, one of the newly created statistical breakouts for women's "other sleepwear." This breakout afforded you a textile category for sleepwear (651).

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On August 5, 1991, however, Headquarters issued Instruction 1217061, directing all users of the HTSUSA to disregard the changes made in the statistical breakouts applicable to women and girls. This Instruction was effective retroactive to July 1, 1991. Based upon this latest Instruction, on September 11, 1991, the Chief, NIS Branch 3, requested Headquarters modify PC 864856 with respect to the above-mentioned tap pants.

ISSUE:

Whether PC 864856 should be modified?

LAW AND ANALYSIS:

It is our opinion that a modification of PC 864856 is not required. When PC 864856 was issued, the effective statistical breakouts included the "other sleepwear" provisions for women and girls (651). No error was made on either your part or Customs. Therefore, any merchandise whose importation process has com- menced prior to the date of this letter may follow the tariff classification, and associated textile quota/visa category, from PC 864856. Of course, once the above importations have been completed, the tap pants classification in PC 864856 is no longer effective.

HOLDING:

As a result of the foregoing, effective this date, Style #23050 (tap pants) are classified under subheading 6208.92.0030, HTSUSA, textile category 652, as women's or girls singlets and other undershirts, slips, petticoats, briefs, panties, night- dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, other, of man-made fibers, other, women's. The applicable rate of duty is 17 percent ad valorem.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are notifying you that PC 864856 of July 18, 1991, is no longer effective with respect to Style #23050 (tap pants). However, if you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should therefore be considered a termina- tion of effectiveness for PC 864856 of July 18, 1991, under 19 C.F.R. 177.9(d)(1) (1989), for Style #23050. It is not to be applied retroactively to PC 864856 (19 C.F.R. 177.9(d)(2) (1989)) and will not, therefore, affect the transaction, as we described above, for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification is requested, PC 864856 will not be valid prece- dent. We recognize that pending transactions may be adversely affected by this termination of effectiveness, in that current contracts for importations arriving at a port subsequent to the release of HRL 950323 will be classified under the new ruling. If such a situation arises, you may, at your

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discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

The designated textile and apparel category may be subdivid- ed 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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

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,

John Durant, Director
Commercial Rulings Division