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 > 2000 NY Rulings > NY F87222 - NY F87265 > NY F87263

Previous Ruling Next Ruling
NY F87263




June 12, 2000

CLA-2-61:RR:NC:TA:361 F87263

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Kathy Brennan
Import Manager
Customs Compliance
Eddie Bauer , Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of women’s pajamas and self-fabric carrying bag from Malaysia.

Dear Ms. Brennan:

In your letter dated May 23, 2000, you requested a classification ruling for women’s pajamas. The samples will be returned, as you requested.

The submitted samples are women’s pajamas in printed and solid colors, to be imported under the following style numbers: solid colors – 045-0197 (regular); 045-0198 (tall); and 0450199(petite); printed – 045-0191 (regular); 045-0192 (tall); and 045-0193 (petite). The garments are constructed from 100% cotton rib knit fabric. The pajama tops have a crew neckline with a ribbon drawstring; ¾ length sleeves with an overlock stitch edging; and a ruffled bottom created by the overlock stitching. The ankle length pajama bottoms have a covered ½ inch elasticized waistband and leg openings finished with overlock stitching, creating the same ruffled effect as found on the top. The pajamas are sized for a comfortable fit.

The pajamas will be sold in both the stores and catalogues. You have indicated that for those pajamas to be sold in the Eddie Bauer stores, they will be imported and sold with a self-fabric carrying bag (with drawstring).

The pajamas and carrying bag are considered a composite good in accordance with General Rules of Interpretation 3(b). The essential character is provided by the pajamas, therefore, both the pajamas and the carrying bag will be classified under the HTS number for the pajamas. The applicable subheading for the pajamas alone, and for the pajamas when imported with the carrying bag 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 8.7 percent ad valorem.

Both the pajamas imported alone, and the pajamas imported with the carrying bag fall within textile category designation 351. Based upon international textile trade agreements these products of Malaysia are 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,

Previous Ruling Next Ruling

See also: