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NY J80833




March 12, 2003

CLA-2-62:RR:NC:N3:360 J80833

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056; 6211.42.0060; 6211.42.00700

Ms. Lisa E. Girvin
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women's woven wearing apparel from the Philippines

Dear Ms. Girvin:

This letter replaces the ruling letter we sent to you under file number I85663. The purpose of this replacement letter is to correct the style numbers. A corrected letter follows.

In your letter dated August 20, 2002, you requested a tariff classification ruling. The samples submitted with your original request were returned to you.

Item number 011-4977 (regular) is a woman’s vest constructed from 55 percent cotton and 45 percent lyocell woven fabric. The vest features oversized armholes, s collar, two pockets below the waist and a full front opening secured by five buttons. The garment provides insufficient coverage for wear without another outer garment. The vest will also be imported in petite, tall and plus sizes under item numbers 011-4978, 011-4979 and 011-4980.

Item number 011-4969 (regular) is a woman’s shirt constructed from 55 percent cotton and 45 percent lyocell woven fabric. The shirt features long sleeves, a collar, two patch pockets below the waist and a full front opening secured by five buttons. The shirt will also be imported in petite, tall and plus sizes under item numbers 011-4970, 011-4971 and 011-4972.

Item number 017-3104 (regular) is a woman’s jumper constructed from 55 percent cotton and 45 percent lyocell woven fabric. The jumper features oversized armholes, a scooped neckline, two front patch pockets and partial side openings secured by three buttons. The garment provides insufficient coverage for wear without another outer garment. The jumper will also be imported in petite, tall and plus sizes under item numbers 017-3105, 017-3106 and 017-3110.

The applicable subheading for the vest will be 6211.42.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: vests. The rate of duty will be 8.2 percent ad valorem.

The applicable subheading for the shirt will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: other. The rate of duty will be 8.2 percent ad valorem.

The applicable subheading for the jumper will be 6211.42.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: jumpers. The rate of duty will be 8.2 percent ad valorem.

The vest and jumper fall within textile category designation 359 and the shirt falls within textile category designation 341. Based upon international textile trade agreements products of the Philippines are currently subject to quota restraints 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 importing sleepwear tops and bottoms in different sizes. Classification of goods is based upon their condition as imported. If imported in equal numbers of matching tops and bottoms in the same shipment, the classification, rate of duty and textile category designations remain as above. 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.

If, however, the tops and bottoms are imported separately, or in unequal numbers or sizes, they cannot be classified as pajamas in their condition as imported. If a shipment contains extra pieces of either component, those individual pieces may not be classified as pajamas. In these situations, the garments may still be classifiable in heading 6208, HTS, as articles similar to the articles specifically named in the heading. The rate of duty and the textile category designation will change however.

This ruling is 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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