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NY J87803




August 21, 2003

CLA-2-62:RR:NC:N3:360 J87803

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.21.0020; 6208.91.3010

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

RE: The tariff classification of women's pajama separates from Hong Kong

Dear Ms. Greener:

In your letter dated July 31, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Item number 045-1089 (regular) is a woman’s pajama top constructed from 100 percent cotton woven fabric. The shirt features long sleeves with contrasting colored cuffs, a collar, one chest pocket, side vents and a full front opening secured by six buttons. This garment will also be imported in petite and tall sizes under item numbers 045-1090 and 045-1091.

Item number 045-1081 (regular) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long hemmed legs. The also has satin trim and contrasting colored overlay on the bottom. This garment will also be imported in petite and tall sizes under item numbers 045-1082 and 045-1083.

Item number 045-1200 (regular) is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features long hemmed sleeves, a collar, one chest pocket, side vents and a full front opening secured by six buttons. This garment will also be imported in petite, tall and plus sizes under item numbers 045-1201, 045-1203 and 045-1203.

Item number 04-1097 (regular) is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long hemmed legs. This garment will also be imported in petite, tall and plus sizes under item numbers 045-1098, 045-1099 and 045-1100.

You have indicated that the pajama tops and pants will be sold as part of a “mix and match” sleepwear group, but you have not indicated whether they will be imported with matching components in the same shipment. Based upon appearance, and the merchandising information you have provided, the garments are considered sleepwear. If matching components are imported together in the same shipment, the two garments will be classified as pajamas.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms (item numbers 045-1089 and 045-1081), the applicable subheading for the matching garments will be 6208.21.0020, 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: nightdresses and pajamas: of cotton: other: women’s. The rate of duty will be 9 percent ad valorem.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms (items numbers 045-1200 and 045-1097), the applicable subheading for the matching garments will be 6208.21.0010, 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: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The rate of duty will be 9 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms 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 rate of duty will be 11.3 percent ad valorem.

The pajama tops and bottoms, when imported in equal numbers fall within textile category designation 351; the pajama tops and bottoms imported separately or without a matching component fall within textile category designation 352. Based upon international textile trade agreements products of Hong Kong 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.).

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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