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NY J85279




June 16, 2003

CLA-2-62:RR:NC:WA:355 J85279

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010; 6207.21.0030

Ms. Jeannine Greener
Eddie Bauer
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of men’s pajamas from China

Dear Ms. Greener:

In your letter dated May 22, 2003, you requested a classification ruling.

You submitted samples of garments which will be returned. They are identified as items 015-0339, 015-0340, 015-0343 and 015-0344, and you state that they are sleepwear sets. Each item number represents two articles of clothing, a top shirt and a bottom pant, which comprise the top and bottom of a men’s pair of pajamas. All of the items are made of 100 percent woven cotton.

The styles 015-0339(regular), 015-0343(regular), 015-0344(tall) and 015-0340 (tall) are identical in features except that they are sized differently for regular and tall men’s sizes, and styles 015-0339 and 015-0340 are in a plaid yarn dyed fabric while styles 015-0343 and 015-0340 are in a solid colored fabric.

For all the styles the following descriptions are applicable: The top garment is a shirt featuring a full frontal opening with four buttons, long sleeves, a breast pocket, a notched collar and a squared hemmed bottom. The pants feature a covered elasticized waistband with a tunneled drawcord, two side seam pockets and a one snap covered fly.

You state that these items, top and bottom are imported together in a plastic poly bag and are intended to be sold together as a set or pair of pajamas. You state that the garments are advertised in that area of your catalogue which advertises sleepwear and underwear. You included pages from old catalogue issues which depict similar garments and they are identified in the catalogue as “pajama sets”.

The applicable subheading for the pajamas, styles 015-0339 and 015-0340 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, nightshirts and pajamas, of cotton. with two or more colors in the warp and/or the filling, men’s. The duty rate will be 9 percent ad valorem.

The applicable subheading for the pajamas, styles 015-0343 and 015-0344 will be 6207.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, nightshirts and pajamas, of cotton. other, men’s. The duty rate will be 9 percent ad valorem.

Styles 015-0339, 015-0340, 015-0343 and 015-0344 fall within textile category designation 351. Based upon international textile trade agreements products of China are 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.

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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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