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NY G80516




August 18, 2000

CLA-2-62:RR:NC:TA: 360 G80516

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.92.0030

Ms. Diane L. Weinberg
Meeks & Sheppard
330 Madison Avenue
39th FL
New York, NY 10017

RE: The tariff classification of women’s sleepwear separates from the Philippines

Dear Ms. Weinberg:

In your letter dated August 1, 2000, you requested a classification ruling on behalf of Movie Star, Inc. The samples submitted with your request will be returned to you under separate cover.

The submitted samples are women’s sleepwear garments constructed from 100 percent polyester woven charmeuse fabric. You have indicated that these garments will be imported as separates.

Style 655050 consists of a pair of pajamas. The upper body garment is sleeveless and features a scoop neckline with a self-fabric tie and a full front opening secured by four buttons with loop closures. The upper part of the garment (front and back) is composed of a net fabric and is embellished with appliques. The pajama bottom features an elasticized waist and long hemmed legs. When imported, the upper body garment will be imported under style number 655050A and the pajama bottom will be imported under style number 655050B.

Style 1516729 consists of a pair of pajamas. The upper body garment features short sleeves, a notched collar, side vents and a full front opening secured by four self-covered buttons. The pajama bottom features an elasticized waist and short hemmed legs. When imported, the upper body garment will be imported under style number 1516729A and the pajama bottom will be imported under style number 1516729B.

Style 654836 consists of a pair of babydoll pajamas. The upper body garment features a V-neckline and adjustable spaghetti straps. The bottom garment is a thong panty. When imported, the upper body garment will be imported under style number 654836A and the panty will be imported under style number 654836B.

You have indicated that these garments are designed, marketed and sold as sleepwear. In recent catalogues similarly styled items have been advertised in the sleepwear section, in a mix and match grouping. Therefore, based on the appearance of the garments themselves, as well as the advertising of substantially similar items, the garments are considered to be sleepwear, classifiable under heading 6208, HTS.

You have noted that although the matching garments constitute a sleepwear set, the imported item will be a sleepwear separates. Sleepwear separates do not meet the commercial designation for pajamas and are therefore not classifiable under the subheading for pajamas under heading 6208, HTS. As individual garments, however, these styles clearly share the characteristics and purpose with the exemplars to heading 6208, HTS. These garments are of the same class or kind as intimate apparel garments properly classifiable under heading 6208, HTS, but not under the subheading for pajamas.

You state that the importer will import the tops and bottoms on different conveyances which you note is a prerequisite for classification of the tops and bottoms as separates. In HQ ruling 956202, dated September 1994, it was stated:

Based upon their condition at the time of importation, shipments of equal numbers of matching sleepwear (pajama) tops and sleepwear (pajama) bottoms will be viewed by Customs as shipments of composite goods that form a whole which is not normally sold as separate parts and is commercially known as pajamas.

Please note, that by the terms "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms), which are matched as to size, a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas.

It is the importer's intent to enter these goods as sleepwear separates and not as pajamas. You question whether the sleepwear separates that will be imported on different conveyances need to be imported on different days. It has been Customs position that merchandise imported on two or more different carriers and entered on the same date should not be grouped to create a different article. (CIE 735/62 noted)

When imported separately, or when imported without a matching component , the applicable subheading for all of the sleepwear separates will be 6208.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ other sleepwear of man-made fibers. The duty rate will be 16.4 percent ad valorem.

If these garments are imported together in shipments containing equal numbers (pairs) of matching tops and bottoms the matching garments are classifiable in subheading 6208.22.0000, HTS, which provides for women's or girls' nightdresses and pajamas, of man-made fibers. The applicable rate of duty will be 16.4 percent ad valorem.

When imported separately, or when imported without a matching component, the pajama separates fall within textile category designation 652. If imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, the matching garments (pajamas) would fall within textile category designation 651. Based upon international textile trade agreements products of the Philippines are subject to quota restraints and a visa requirement.

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.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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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