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NY H88049




February 22, 2002

CLA-2-61:RR:NC:WA:361 NY H88049

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Jeannine Greener – Import Specialist Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of women’s pajama separates and a nightgown from China or Hong Kong.

Dear Ms. Greener:

In your letter dated January 7, 2002, with additional information provided on February 5, 2002, you requested a classification ruling for three women’s garments. The items are being returned as you requested..

The first submitted style, which will be imported under style numbers 045-0491 (regular), 045-0492 (petite) and 045-0493 (tall), is a pair of women’s pajama shorts. The garment is constructed from lightweight, 100 percent cotton pointelle knit fabric and has a ½ inch covered elasticized waistband and hemmed leg openings.

The second submitted style, which will be imported under style numbers 045-0483 (regular), 045-0484 (petite) and 045-0485 (tall) is a woman’s pajama top. The garment is constructed from lightweight, 100 percent cotton pointelle knit fabric. The sleeveless top has a v-shaped neckline in front, ¼ inch lace edging around the neckline and armholes, and a plain, hemmed bottom.

The third submitted style, which will be imported under style numbers 045-0498 (regular), 045-0499 (petite) and 045-0500 (tall) is a woman’s nightgown. The garment is constructed from lightweight, 100 percent cotton pointelle knit fabric. The sleeveless nightgown extends approximately to mid-calf and has a v-shaped neckline in front, a one-inch mesh insert just below the bodice, and a hemmed bottom. The neckline, armholes, and bottom are trimmed with ¼ inch lace.

You have indicated that the top and shorts will be sold as part of a “mix and match” sleepwear group. Based on its appearance, and the merchandising information you have provided, the garments are considered sleepwear.

The applicable subheading for the nightgown will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’snightdressesKnitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, 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 8.6 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms 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 8.6 percent ad valorem.

The nightgown falls within textile category designation 351; the pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 351; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from Hong Kong and China is 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.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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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