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NY I87870




November 18, 2002

CLA-2-62:RR:NC:N3:360 I87870

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Mr. James F. Morgan
PBB Global Logistics
883-D Airport Park Road
Glen Burnie, MD 21061

RE: The tariff classification of women's pajama bottoms from Canada

Dear Mr. Morgan:

In your letter received on October 24, 2002, you requested a tariff classification ruling on behalf of Bravado Designs Inc. The samples submitted with your request will be returned to you under separate cover.

Celestial Stripes Pant is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, side seam pockets and long hemmed legs.

Celestial Stripes Boxer is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment is identical in styling to the above and has short hemmed legs.

The applicable subheading for both garments will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The general rate of duty will be 11.3 percent ad valorem.

Both garments fall within textile category designation 352. Based upon international textile trade agreements products of Canada are currently 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.

In your letter you made reference to knitted sleepwear tops. You have not indicated if the bottoms will be imported separately or if you intend to import these garments with matching sleep 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. Please note that by the term "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. 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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