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NY A83236




May 22, 1996

CLA-2-61:RR:NC:WA:361 A83236

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010; 6108.31.0010; 6108.91.0030

Ms. Suzanne B. Barnett
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167

RE: The tariff classification of women's knit and woven pajamas separates and nightgowns from Hong Kong.

Dear Ms. Barnett:

In your letter dated April 30, 1996, you requested a classification ruling on behalf of Richard Leeds International, Inc for five styles. The garments are being returned, as you requested.

Style 61814 is a woman's nightgown constructed from 60% cotton, 40% polyester knit fabric. It has long sleeves with rib knit cuffs, a round neckline and nine-inch slits on either side at the bottom. This garment will also be imported in extra large sizes as 61814X.

Style 61810 is a woman's pajama top separate, constructed from 60% cotton, 40% polyester knit fabric. The top has a four button partial placket opening with right over left button closure, long sleeves with rib knit cuffs, and four-inch slits on either side at the bottom. This garment will also be imported in extra large sizes as 61810X.

Style 61812 is a woman's pajama bottom separate, constructed from 60% cotton, 40% polyester knit fabric. The pajama bottom has an elasticized waistband, and rib knit ankle cuffs. This garment will also be imported in extra large sizes as 61812X.

Style 61820 is a woman's pajama top separate constructed from 100% cotton woven flannel. The top features a full front opening with five button right over left closure, a collar, and a chest patch pocket. This garment will also be imported in extra large sizes as 61820X.

Style 61822 is a woman's pajama bottom separate constructed from 100% cotton woven flannel. It features a drawstring waistband, and extends to the ankles. This garment will also be imported in extra large sizes as 61822X.

These garments are sized for a comfortable fit, and you previously supplied the following additional information.

. The above described garments are designed and sold as nightwear; . they will be sold in sleepwear departments; . when advertised, they will be shown as pajamas and nightgowns; . supporting documentation was provided, including design rationales, and advertising of similar garments in prior seasons; and . these garments will be imported separately.

Customs has determined that individual components of a pajama set standing alone are not considered to be pajamas for tariff purposes. That is to say, pajama tops imported without their matching pajama bottoms are not classifiable as pajamas. Accordingly, these separates may not be classified as pajamas but may still be classifiable in headings 6108/6208, HTSUSA, under the rule of ejusdem generis, i.e., as articles similar to the articles specifically named in the heading.

Styles 61810, 61810X, 61812, 61812X are classifiable in subheading 6108.91.0030, HTSUSA, which provides for, inter alia, women's or girls' other sleepwear, knitted, of cotton. The applicable rate of duty is 8.9 percent ad valorem and the textile category is 350.

Styles 61820, 61820X 61822, and 61822X are classifiable in subheading 6208.91.3010, HTSUSA, which provides for, inter alia, women's or girls' other sleepwear, of cotton. The applicable rate of duty is 11.8% ad valorem and the textile category is 352.

Style 61814 is classifiable under subheading 6108.31.0010, HTSUSA, which provides for women's or girls' nightdresses, knitted, of cotton. The applicable rate of duty is 8.9% ad valorem and the textile category is 351.

Based upon international textile trade agreements products of Indonesia are subject to quota restraints and a visa requirement.

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 Part 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,

Roger J. Silvestri
Director

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