United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY E81755 - NY E81820 > NY E81789

Previous Ruling Next Ruling
NY E81789




July 15, 1999

CLA-2-61:RR:NC:WA:361 E81789

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Mr. John Imbrogulio,
Import Specialist
Nordstrom Inc.
1321 Second Avenue
Seattle, WA 98102

RE: The tariff classification of women’s knit sleep separates from Hong Kong.

Dear Mr. Imbrogulio:

In your letter dated May 21, 1999, you requested a classification ruling for women’s knit sleep separates. The samples are being returned, as you requested.

Style 4607 is a woman’s pajama top of 100% cotton brushed rib knit fabric. The pajama top features a rounded neckline; a full front opening with seven-button closure; long sleeves; and a hemmed bottom. The placket and sleeves are trimmed with a ruffle.

Style 4606 is a woman’s pajama top of 100% cotton brushed rib knit fabric. The tank top styled pajama top features a u-shaped neckline in front and back; ¼ inch adjustable shoulder straps; and a hemmed bottom. The front neckline is trimmed with a ruffle.

Style 9761 is a woman’s pajama bottom of 100% cotton brushed rib knit fabric. The pajama pants feature a drawstring waist; and hemmed leg openings. The bottom of the pants is trimmed with a ruffle.

You have indicated that the submitted matching garments will be sold as sleepwear in the intimate apparel department, but will be sold as sleepwear separates. They are sized for a comfortable fit, and, based on both the appearance of the garments, as well as the information concerning the manner in which they will be marketed and sold, the garments are considered to be sleepwear. Since you have not indicated whether or not the garments will be imported in equal quantities of matching pajama tops and bottoms, the classification information provided below covers both circumstances.

If imported in shipments containing equal numbers (pairs) of matching pajama tops and bottoms (styles 4606/9761 or styles 4607/9761) the applicable subheading for the matching garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.8 percent ad valorem.

If imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms (styles 4607, 4606, and 9761) will each be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.8 percent ad valorem.

If imported with equal numbers of matching pajama tops and bottoms, the pajamas (styles 4606/9761 or styles 4607/9761) fall within the textile category designation 351; the pajama separates (styles 4607, 4606, and 9761) each fall within the textile category designation 350. Based upon international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement and quota restraints.

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.USTREAS.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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: