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NY C85077




April 2, 1998

CLA-2-62:RR:NC:TA:360 C85077

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.22.0000; 6208.22.0000; 9801.00.1096

Mr. Jerry S. Linville
University of Hawaii at Manao
Pacific Business Center Program
College of Business Administration
2404 Maile Way
Honolulu, HI 96822-2282

RE: The tariff classification of woven pajamas from the Marshall Islands

Dear Mr. Linville:

In your letter dated February 25, 1998, you requested a classification ruling on behalf of Pacific Development Co. The samples submitted with your request will be returned under separate cover.

You submitted two styles of pajamas constructed from 100 percent rayon woven fabric which is made in China. The pajamas designated as style No. 1 is sized for adults (men's and women's, small through ex-lg) and style no. 2 is sized for children (boy's and girls', 2T to 6). The pajamas are similarly styled. The top features short sleeves, a V neckline, one chest pocket, a hemmed bottom and a full front opening secured by three buttons. The garment buttons left over right. The pajama bottom is a boxer styled short with a fully elasticized waistband and a two button fly closure. The pajamas will be packaged in a plastic box and have tags and size labels all of which are manufactured in the United States.

Although you have indicated that you will be importing women's and girls' pajamas, no samples were submitted. The direction of closure on the submitted samples is that which is commonly used on men's garments. Note 8 to Chapter 62, HTS, states: "garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes." Therefore, if a garment buttons left over right, as is the case in the submitted samples, there is a presumption that it is a men's garment.

The applicable subheading for styles 1 and 2, when they button left over right will be 6207.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's and boys' woven pajamas: of man-made fibers. The duty rate will be 16.6 percent ad valorem.

The applicable subheading for styles 1 and 2, when they button right over left will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's and girls' woven pajamas: of man-made fibers. The duty rate will be 16.6 percent ad valorem.

Although certain products of the Marshall Islands are entitled to duty free treatment under the Compact of Free Association Act of 1986, textile and apparel articles which are subject to textile agreements are not be eligible for duty free treatment.

The pajamas fall within textile category designation 651. Based upon international textile trade agreements products of the Marshall Islands currently are not subject to a visa requirement or 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.

You also inquired about how United States manufactured materials would be treated. Providing the documentary requirements of 19 CFR ? 10.1 are satisfied, the applicable subheading for the labels, tags and plastic box will be 9801.00.1096, which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad. This provision is free of duty. The pertinent documents required by 19 C.F.R. ?10.1, are a declaration from the foreign shipper that the articles were exported from the U.S. and that they are returned without having been advanced in value or improved in condition, and a declaration from the owner, importer, consignee, or agent that the articles were manufactured in the U.S. and that the articles were exported from the U.S. without benefit of drawback.

Although not addressed in your inquiry, children's pajamas, sizes 0 to 14, are subject to the Consumer Product Safety Commission (CPSC) standards governing the flammability of children's sleepwear. Please contact the CPSC to determine the status of this merchandise for compliance purposes. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of CPSC standards.

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,

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