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NY E86749




October 13, 1999

CLA-2-61:RR:NC:WA:361 E86749

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Dana N. Mobley
Customs Analyst
J.C. Penney Purchasing Corporation
6501 Legacy Drive
Plano, Texas 75024-0001

RE: The tariff classification of a woman’s knit three piece pajama set from the Maldives or other countries.

Dear Ms. Mobley:

In your letter dated August 5, 1999, with additional information provided in your letter of September 1, 1999, you requested a classification ruling for a woman’s knit three piece pajama set. As you have requested, these garments are being held for use in conjunction with a country of origin ruling that will be submitted.

Style 112-0440 (which will also be imported under style numbers 112-0441, 112-8015, 112-8016, and 112-8017 for catalogue sales, petite, tall, and women’s sizes, respectively) is a woman’s three piece pajama set of 60% cotton, 40% polyester knit fabric. The three pieces consist of a long sleeve top, a tank styled top, and a pajama bottom. You have indicated that these items will be bought and sold as a three piece set.

The cardigan styled top has a v-neckline; a full front opening; long hemmed sleeves; a chest pocket; and a hemmed bottom. The camisole styled top has ¼ inch shoulder straps; a u-shaped neckline in front and back; and a hemmed bottom. The pull-on pajama bottoms have a one-inch elasticized waistband and hemmed leg openings. Based both on their appearance and the manner in which they will be marketed, these garments are considered sleepwear. However, since pajamas consist of only two pieces – one to cover the upper portion of the body, and one for the lower, the second upper body garment cannot be classified as a part of a pajama set, with the other two garments. The second upper body garment, therefore, will be classified as a sleepwear separate.

The applicable subheading for the cardigan styled pajama top and the pajama bottoms of style 112-0440 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. The applicable subheading for the camisole styled pajama top of style 112-0440 will 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.

The cardigan styled pajama top and the pajama bottom of style 112-0440 fall within the textile category designation 351; the camisole pajama top of style 112-0440 falls within the textile category designation 350. Based upon international textile trade agreements, garments imported from the Maldives are subject to a visa requirement. If imported from other countries, the garments may be subject to quota and the requirement of a visa.

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,

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