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NY I87531




November 20, 2002

CLA-2-62:RR:NC:N3:361 I87531

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030; 6208.91.3010

Ms. Sheila K. Stromberg
Cerie North America, Inc.
7371 Kirkwood Avenue - #136
Maple Grove, MN 55369

RE: The tariff classification of women's sleepwear from China

Dear Ms. Stromberg:

In your letter dated October 22, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style 210-0102 is a “brief” pajama bottom made of 80 percent polyester, 20 percent spandex knit openwork fabric. The pull-on pajama bottom has a self-finish top and leg openings, a small bow at the top, and a lining at the crotch.

Style 219-0010 is a pair of women’s boy leg brief styled pajama bottoms made from 91 percent tactel (nylon), 9 percent spandex knit jersey fabric. The pull-on pajama bottom has a ¼ inch elasticized waistband and hemmed leg openings.

Style 219-0002 is a “thong ” pajama bottom made of from 91 percent tactel (nylon), 9 percent spandex knit jersey fabric. The pajama bottom has a ¼ inch elasticized waistband, mesh trim, and a lining at the crotch.

Style 220-0210 is a woman’s pajama bottom made from 100% cotton woven fabric. The pull-on pajama shorts have an elasticized waistband with a drawstring, an embroidered front panel, and hemmed leg openings with a two-inch side slit.

Based on the appearance of the garment itself, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108/6208. You have also noted that these garments will not be imported with matching pajama tops in the same shipment. As such, they are classified as “other” within the appropriate sleepwear heading.

The applicable subheading for styles 210-0102, 219-0010, and 219-0002 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spajamasand similar articles, knitted or crocheted: of man-made fibers. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for style 220-0210 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spajamasand similar articles: of cotton. The rate of duty will be 11.3 percent ad valorem.

Styles 210-0102, 219-0010, and 219-0002 will be 6108.92.0030 fall within textile category designation 650 and style 220-0210 falls within textile category designation 352. Products from China that fall within textile category 352 are currently subject to quota restraints and the requirement of a visa. Products that fall within textile category 650 are currently not subject to a visa requirement or to 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.

In your letter you indicated that these garments will be sold with matching tops as pajamas, but will not be imported in the same shipment with the matching tops. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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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