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 J82457 - NY J82508 > NY J82464

Previous Ruling Next Ruling
NY J82464




April 23, 2003

CLA-2-61:RR:NC:WA:361 NY J82464

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

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

RE: The tariff classification of a woman’s nightshirt and pajama sets from Sri Lanka.

Dear Ms. Bautista:

In your letter dated March 27, 2003, you requested a classification ruling.

The submitted samples are described as follows:

Style #4037- a woman’s pajama set consisting of a top and pants constructed from 75% polyester, 25% rayon brushed knit fabric. The top of Style 4037 features a V-neckline, long sleeves, and a hemmed bottom. The neckline and sleeves are trimmed with satin and picot edging. The pull-on pants feature an elasticized waistband with drawstring, satin and picot trim down both legs, and hemmed leg openings.

Style #4036- a woman’s pajama set consisting of a top and pants constructed from 100% polyester velour knit fabric. The top of Style 4036 features a modified u-neckline, long sleeves, slits at both sides, and a hemmed bottom. The pull-on pants feature an elasticized waistband with drawstring, and hemmed leg openings with side slits.

Style #7026 – a woman’s nightgown constructed from 75% polyester, 25% rayon velour knit fabric. The nightgown extends to the ankle and features a V-neckline, long sleeves, slits at both sides, and a hemmed bottom. The neckline, sleeves, and side slits are finished with satin and picot edging.

You have indicated that Styles 4037 & 4036 will be produced, imported and sold at retail as a set. Based on the appearance of the styles, they are considered sleepwear and classified in heading 6108.

You have suggested that the garments be classified in heading 6208 as woven pajamas. The submitted garments are constructed from knit fabric. Therefore, heading 6108 is the appropriate heading for the knit pajamas.

We are returning your samples as you requested.

The applicable subheading for Styles 4037, 7026, & 4036 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightdresses and pajamas, of man-made fibers, women’s. The rate of duty will be 16.1% ad valorem.

Styles 4037, 7026 & 4036 fall within textile category designation 651. Based upon international textile trade agreements this category from Sri Lanka is subject to visa requirements and 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.

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: