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NY H83381




July 23, 2001

CLA-2-61:RR:NC:WA:361 H83381

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Johanna Jin
J.W.E. Silk Inc.
180 Madison Avenue – 16th floor
New York, NY 10016

RE: The tariff classification of unisex pajamas from China.

Dear Ms. Jin:

In your letter dated July 3, 2001, you requested a classification ruling for a pair of unisex pajamas. As you have requested, the pajamas are being returned to you.

Style K6051013 is a pajama set constructed from 100% cotton knit fabric. The pullover pajama top has a v-shaped neckline; long hemmed sleeves; and a hemmed bottom. The pajama pants have an elasticized waistband and hemmed leg openings.

You have described the garments as “unisex.” Unisex garments are classified based on the requirements of Chapter 61, note 9, which states, in part: Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments. Therefore, these pajamas are classified in the heading for women’s garments, in 6108.

The applicable subheading for style K6051013 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 8.6 percent ad valorem.

Style K6051013 falls within the textile category designation 351. Based upon international textile trade agreements products of China 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.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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