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NY I80262




April 3, 2002

CLA-2-62:RR:NC:WA:355 I80262

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

Mr. Steve Allan
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of men’s pajamas from Hong Kong

Dear Mr. Allan:

In your letter dated March 22, 2002, you requested a classification ruling.

You submitted three sets of pajamas identified as styles NO49007, NO48994 and NO42887. Styles NO48994 and NO42887 will be returned as you have requested. Style NO49007 is being retained by this office as agreed upon in our telephone conversation.

In your letter you state that these garments are intended to be sold as sets comprised of a top and bottom, as a unit and not as part of a mix and match display. Additionally, they are entered into inventory as units and not as separate pieces. This is evidenced by identifying both top and bottom with a single style number.

Style NO49007 is a men’s woven two piece pajama set made of 100 percent cotton. The top features a full frontal opening with four oversize buttons to secure it closed, a notched collar with rounded points, long sleeves with buttonless deep cuffs, and a straight hemmed bottom without vents. The bottom, which matches both in fabric construction and fabric design, features a generous seat, long hemmed pant legs, a tunneled waistband with a drawtape, no pockets, and a front fly secured by two buttons. The waistband breaks at the fly and is secured by a single hidden button.

Style NO42887 is a men’s woven two piece pajama set made of 100 percent cotton. The top features a full frontal opening with four oversize buttons to secure it closed, a notched collar with rounded points, long sleeves with buttonless deep cuffs, and a straight hemmed bottom without vents. The bottom, which matches both in fabric construction and fabric design, features a generous seat, long hemmed pant legs, a tunneled waistband with a drawtape, no pockets, and a front fly secured by two buttons. The waistband breaks at the fly and is secured only by means of the drawtape.

Style NO48994 is a men’s woven two piece pajama set made of 100 percent cotton. The top features a full frontal opening with three oversize buttons to secure it closed, no collar, short sleeves, and a straight hemmed bottom without vents. The bottom, which matches both in fabric construction and fabric design, features a generous seat, long hemmed pant legs, a tunneled waistband with a drawtape, no pockets, and a front fly secured by two buttons. The waistband breaks at the fly and is secured by means of a hidden button as well as the drawtape.

The applicable subheading for styles NO49007, NO48994 and NO42887 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, nightshirts and pajamas, of cotton, with two or more colors in the warp and/or the filling, men’s. The duty rate will be 9 percent ad valorem.

Styles NO49007, NO48994, and NO42887 fall within textile category designation 351. Based upon international textile trade agreements products of Hong Kong 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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