CLA-2-62:RR:NC:TA:360 D81123

Ms. Amy Sperber
delia's
435 Hudson Street
New York, NY 10014

RE: The tariff classification of a woman's pajama pant from China

Dear Ms. Sperber:

In your letter dated August 4, 1998, you requested a classification ruling. Style 08040 is a woman's pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized, drawstring waist and long hemmed legs.

The applicable subheading for style 08040 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's and girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: women's. The duty rate will be 11.6 percent ad valorem.

Style 08040 falls within textile category designation 352. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints.

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. 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 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) 466 - 5866.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division