United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY J80619 - NY J80679 > NY J80650

Previous Ruling Next Ruling
NY J80650




February 28, 2003

CLA-2-61:RR:NC:WA:361 J80650

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Marlene Bautista
Sears Roebuck and Co.
3333 Beverly Road D5 255B-B
Hoffman Estates, IL 60179

RE: The tariff classification of a woman’s nightgown and pajamas from Turkey.

Dear Ms. Bautista:

In your letter dated January 15, 2003, you requested a classification ruling.

The submitted samples are described as follows:

Style #4022A - a woman’s nightgown constructed from 60% cotton, 40% polyester knit fabric. The garment extends below the knee and features a v-neckline, long sleeves with rib knit cuffs, and a full front opening with a nine-button closure, slits at both sides and a hemmed bottom.

Based on the appearance of the garment, it is considered sleepwear, classified in heading 6108.

Style #4023A– a woman’s pajama set consisting of a top and pants constructed from 60% cotton, 40% polyester knit fabric. The top of Style 4023A features a round neckline, long sleeves with rib knit cuffs, a full front opening with a six-snap closure, two pockets, and a hemmed bottom. The pull-on pants feature an elasticized waistband with a drawstring, and hemmed leg openings.

Style #4026A– a woman’s pajama set consisting of a top and pants constructed from 60% cotton, 40% polyester knit fabric. The pullover style top of Style 4026A features a V-neckline, long sleeves with rib knit cuffs, and a hemmed bottom. The pull-on pants feature an elasticized waistband with a drawstring, and hemmed leg openings.

You have indicated that Styles 4023A & 4026A will be produced, imported and sold at retail as sets. Based on the appearance of the styles, they are considered sleepwear and classified in heading 6108. We are returning your samples as you requested.

The applicable subheading for Styles 4023A, 4026A, and 4022A, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas and nightgowns of cotton, women’s. The rate of duty will be 8.6% ad valorem.

Styles 4023A, 4026A and 4022A fall within textile category designation 351. Based upon international textile trade agreements this category, from Turkey is subject to quota restraints, and visa requirements.

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,

Previous Ruling Next Ruling

See also: